Case law

Pasco v. Department of Retirement Systems

110 Wash. App. 582 · Court of Appeals of Washington · Mar 22, 2002

Second, RCW 41.26.030(28) and (29), respectively, established an effective date to end LEOFF Plan 1 and established LEOFF Plan 2 for new employees after October 1, 1977. … Thus, Crabtree allowed members to qualify for Plan 1 after the cut-off date, even though the teachers did not establish membership eligibility before October 1, 1977. [12] Similarly, Andres was not "certified" as having met

State v. Sefrit

82 Wash. 520 · Washington Supreme Court · Dec 12, 1914

Rep. 307 : “The publisher of a newspaper, possesses no immunity from liability in publishing a libel, other or different than any other person. … When the mission had been established, Fulcher for some time roomed at the Hendricksons.

Grant v. Alperovich

993 F. Supp. 2d 1356 · District Court, W.D. Washington · Jan 3, 2014

To succeed on a claim under 42 U.S.C. § 1985 (3), Plaintiff must prove (1) conspiracy, (2) for the purpose of depriving her of the equal protection of the laws or equal privileges and immunities under the laws, (3) an act … Plaintiff's argument that HIPAA establishes the standard of care for Defendants’ negligence, see dkt. # 122 at 15; dkt. # 133 at 8, is not persuasive.

Frach v. Schoettler

46 Wash. 2d 281 · Washington Supreme Court · Mar 10, 1955

. *285 It is a well established rule that one who attacks the constitutionality of a law, clearly has the burden of proof. Shea v. Olson, 185 Wash. 143, 151 , 53 P. (2d) 615 , 111 A. L. … Dexter, supra, p. 557. *291 Appellants’ rights with reference to the “due process clause” and the “privilege and immunity clauses,” as set out in Art.

Grant County Fire Protection District No. 5 v. City of Moses Lake

145 Wash. 2d 702 · Washington Supreme Court · Mar 14, 2002

This court has established a two-part test to determine standing under the UDJA. … However, this “provision does not require that Voters may go to the polls at any time and vote on any question they see fit,’ ” but that “otherwise qualified voters who are significantly affected by the results of an election

State v. Kurtz

178 Wash. 2d 466 · Washington Supreme Court · Sep 19, 2013

While some of these elements are indeed similar to the common law defense, they are not identical and are not clearly inconsistent. … See, e.g., Fry, 168 at 13 (holding that the defendant did not qualify under the Act because he did not have one of the listed debilitating conditions). ¶17 Moreover, in 2011 the legislature amended the Act making qualifying

State v. Schmidt

141 Wash. 660 · Washington Supreme Court · Jan 7, 1927

State, 69 Ala. 235 . *665 The witnesses in this instance fully qualified under the rule as stated. … In our discussion of other questions we have somewhat indicated its character, and it is sufficient here to say that, to our minds, it all but conclusively establishes the appellant’s guilt.

Equitable Shipyards, Inc. v. State

93 Wash. 2d 465 · Washington Supreme Court · May 8, 1980

RCW 47.60.670 establishes a "preference" for shipbuilding firms located in Washington, "providing such bid or proposed price does not exceed by more than six percent the lowest price proposal for a negotiated contract *469 … Even so, in this case, general rules regarding appeals are qualified by legislative concern for prompt resolution. See, e.g., RCW 47.60.650(6)(b) (appeals shall be heard "summarily" within 10 days).

Cerkonek v. Dibble

42 Wash. 2d 451 · Washington Supreme Court · Apr 15, 1953

The trial court, having found that the Cerkoneks had established neither fraud nor unjust enrichment, dismissed the action. The Cerkoneks appeal. … However, there was no evidence by a “custodian or other qualified wit *455 ness” that the card was part of the records in Volney P. Evers’ office.

State Of Washington v. Alan D. Jenks

12 Wash. App. 2d 588 · Court of Appeals of Washington · Mar 3, 2020

Based on his experience, training, and job responsibilities, we conclude that Michaud was qualified to offer expert testimony. … Whether a defendant had a prior strike offense under the POAA clearly is a fact of a prior conviction.

In Re Pullman

218 P.3d 913 · Washington Supreme Court · Oct 8, 2009

Pullman is clearly "under a restraint" by virtue of his incarceration. … While on furlough attempting to establish a parole plan, Monohan was arrested and charged with disorderly conduct.

Tyree v. Gosa

11 Wash. 2d 572 · Washington Supreme Court · Dec 11, 1941

After the correct west boundary of the Tyree property was established by working back from the northwest comer of section ten, as claimed by Tyree, established by the commissioners, and confirmed by the court, it was found … No amount of hardship in a given case would justify the establishment óf such a precedent.

Ross v. Jones

174 Wash. 205 · Washington Supreme Court · Aug 18, 1933

The facts, as we find them to be, harmonize with the somewhat general findings of the trial court, *213 and demonstrate very clearly that a considerable number of appellants’ assignments of error are not well taken. … But there is a qualifying *217 clause immediately following the broad language to which we have referred, which qualifying clause must be given its full effect.

Davis v. State

109 Wash. App. 734 · Court of Appeals of Washington · Jan 7, 2002

First, even though the facts alleged would, if proved, constitute a recent overt act, the sexual allegations were not established at the violation hearing. … Second, nothing was established at that hearing by proof beyond a reasonable doubt.

State v. Jones

96 Wash. App. 369 · Court of Appeals of Washington · Jul 6, 1999

The qualified privilege under RCW 5.60.060(5) does not apply.” Id. at 884 (emphasis added). … In holding that the records were exempt, the Supreme Court clearly relied on these “factual verities” established by the trial court.

Berrocal v. Fernandez

120 Wash. App. 555 · Court of Appeals of Washington · Mar 11, 2004

The burden of establishing an exemption is on the employer. Stahl v. Delicor of Puget Sound, Inc., 148 Wn.2d 876, 881 , 64 P.3d 10 (2003). … However, the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply to all antecedents instead of only the immediately preceding one. Judson v.

To-Ro Trade Shows v. Collins

997 P.2d 960 · Court of Appeals of Washington · Apr 21, 2000

The court also dismissed the Section 1983 claim, ruling that the State had qualified immunity. … The court concluded: [The statute is] directed essentially to students, who desire to qualify so as to secure a license to act as a hairdresser and to engage in the practice of beauty culture, rather than to beauty schools

Fitzpatrick v. Okanogan County

238 P.3d 1129 · Washington Supreme Court · Sep 2, 2010

The Fitzpatricks [1] cannot establish the "public use" element of their inverse condemnation claim. … Pierce County, 148 Wash.2d 760, 768 , 64 P.3d 618 (2003) ("clearly, not every government action that takes, damages, or destroys property is a taking"); Olson v.

Gorre v. City of Tacoma

180 Wash. App. 729 · Court of Appeals of Washington · Apr 23, 2014

Our legislature has clearly stated its intent to provide benefits for firefighters, whose jobs constantly expose them to a broad range of dangers while protecting the public; and again, we are to construe these benefits liberally … To ensure that Gorre receives the legislature’s clearly intended benefit of RCW 51.32.185(1), we remand to the Board to reconsider Gorre’s application for industrial insurance benefits, with instruc *767 tions to accord Gorre

Morton v. McFall

128 Wash. App. 245 · Court of Appeals of Washington · Jul 5, 2005

Rasch is not qualified to testify as to the standard of care for either a pulmonologist (Dr. Joseph) or a surgeon (Dr. … Rasch is qualified to testify by virtue of her experience and specialty. Dr.