Case law

State v. T.E.C.

122 Wash. App. 9 · Court of Appeals of Washington · May 24, 2004

conclusion that a disposition within the standard range would constitute a manifest injustice, and (3) the sentence is neither clearly too lenient nor clearly too excessive. … In this case, a qualified treatment program was unavailable. Thus, albeit through no fault of his own, T.C. clearly was unable to “make satisfactory progress in treatment” as required under RCW 13.40-.160(3)(b)(ix).

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.

Tesoro Refining v. State, Dept. of Revenue

246 P.3d 211 · Court of Appeals of Washington · Dec 21, 2010

Bunker fuel is a qualifying fuel. … The amendment added language to the statute clearly limiting its applicability to wholesalers and retailers of qualifying fuel. RCW 82.04.433.

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.

State v. McCollum

17 Wash. 2d 85 · Washington Supreme Court · Mar 16, 1943

Clearly, the foregoing provision is mandatory, in view of Art. … arrest was made or any other, the cases do not so clearly define how far an officer may go, in searching the room, premises or effects of the person arrested.

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.

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.

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.

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.

State v. A.S.

138 Wash. 2d 898 · Washington Supreme Court · Sep 9, 1999

The rendering of an opinion on the existence of a mental disorder was clearly within *918 this statutory description of social worker’s scope of practice. … Work appropriately qualified as an expert.

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

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

State v. Platz

33 Wash. App. 345 · Court of Appeals of Washington · Dec 8, 1982

Moreover, even assuming Platz established prejudice, the reason for the delay here—to determine through a special inquiry proceeding whether a key witness would be granted immunity—justified delay. … The evidence is relevant under ER 401. 3 It is clearly probative of whether Platz could have inflicted the victim's stab wounds. Secondly, the evidence is admissible under ER 404(b).

Nielsen v. Unum Life Insurance Co. of America

166 F. Supp. 3d 1193 · District Court, W.D. Washington · Feb 1, 2016

Keane knew his pleadings were meritless or so recklessly pursued them as to qualify as bad faith. … Keane clearly knew that Plaintiffs insurance bad faith and IFCA claims were meritless well before Unum was forced to file its Motion.

State v. Pacific Health Center, Inc.

135 Wash. App. 149 · Court of Appeals of Washington · Sep 25, 2006

They claim they can help with a variety of conditions, including candida, high cholesterol, allergies, and immune deficiencies. … But they represent that they can help people with arthritis, immune deficiencies, high cholesterol, and other physical conditions.

Briedablik, Big Valley, Lofall, Edgewater, Surfrest, North End Community Ass'n v. Kitsap County

33 Wash. App. 108 · Court of Appeals of Washington · Oct 26, 1982

At issue is whether RCW 36.01.050, establishing venue for suits by or against a county, is subject to the general change of venue statute, RCW 4.12.030. … The immunity is absolute, and, when consent is given, it may be qualified or conditional and may specify a particular court in which the permitted actions may be maintained. . . .

Addleman v. King County

District Court, W.D. Washington · Oct 23, 2023

The Court need not Reach the Question of Qualified Immunity. 9 The King County Defendants state that Plaintiffs cannot state a claim against the 10 individual defendants because they are entitled to qualified … To 11 determine the validity of a qualified immunity claim, a court determines “whether the defendants 12 violated a constitutional right and whether the constitutional right was clearly established at the 13 time of

Express Scripts, Inc., V State Of Wa Dept. Of Revenue

Court of Appeals of Washington · Mar 26, 2019

In a tax refund action, the taxpayer seeking the refund has the burden of establishing that the Department incorrectly assessed the tax and that the taxpayer is entitled to a refund. RCW 82.32.180. … Generally, the only way funds qualify for “pass-through” treatment is under WAC 458-22-111 (Rule 111). Washington Imaging, 171 Wn.2d at 559.

City Of Fife v. Russell P. Hicks

Court of Appeals of Washington · Feb 24, 2015

On the contrary, the court expressly noted that " Ames made a sufficient showing to establish" that the records qualified as specific investigative records." 71 Wn. App. at 294. … Under these precedents, the materials qualify as specific investigative records. B.