Case law

Parents Involved in Community Schools v. Seattle School District No. 1

149 Wash. 2d 660 · Washington Supreme Court · Jun 26, 2003

Affirmative action programs which advance a less qualified *663 applicant over a more qualified applicant are now impermissible under Washington law. … The School District established four “tiebreakers” to allocate students between the oversubscribed schools. 3 First, the sibling tie breaker.

Seiffert Co. v. Wright

108 Wash. 616 · Washington Supreme Court · Dec 2, 1919

The testimony in chief by respondent’s president has already been quoted, and this was qualified on cross-examination by the witness admitting that he testified in the suit on the bond to the effect that he already had an … We think the promise in this case is clearly distinguishable from the promise held to he an original one in Burns v.

Fernando v. Nieswandt

940 P.2d 1380 · Court of Appeals of Washington · Jul 28, 1997

He also testified that guardians ad litem are generally not qualified to make recommendations for the care of a child because they have no scientific training. … The statute which permits the court to appoint a guardian ad litem establishes the qualifications as well.

Baarslag v. Hawkins

12 Wash. App. 756 · Court of Appeals of Washington · Apr 10, 1975

Paragraph Fourth of the Last Will and Testament of Hendrik Stephanus Baarslag does not qualify as a private trust and does not qualify as a charitable trust, there being no language in the Will that would prevent the trustees … The record indicates that the appellants have established at least two of the elements of incorporation by reference.

Cascade Public Service Corp. v. Railsback

59 Wash. 376 · Washington Supreme Court · Jul 16, 1910

It is firmly established that any contract or agreement by a homesteader to transfer his claim or any interest therein, before final proof, except as expressly authorized by the laws of the United States, is contrary to public … The words “canals reservoirs or ditches” are qualified by the words “for irrigation or drainage across it,” and it is not claimed or pretended that the ditch in question was for either of these purposes.

Reynolds v. Kirkland Police Commission

62 Wash. 2d 720 · Washington Supreme Court · Aug 15, 1963

This ordinance is clearly inadequate, if not devoid of meaning, in regard to procedure for suspension and review. … The civil service system established by the ordinance did not establish a civil service commission to conduct the investigative hearing required by statute, but, rather, established a police commission with inconsistent functions

White v. Kent Medical Center, Inc.

61 Wash. App. 163 · Court of Appeals of Washington · May 6, 1991

In sum, it is incumbent upon the moving party to determine what issues are susceptible to resolution by summary judgment, and to clearly state in its opening papers those issues upon which summary judgment is sought. 1 If … Pierson, 411 N.W.2d 92, 96 (N.D. 1987); see also ER 702 (witness qualifies as expert by knowledge, skill, experience, training, or education).

In Re Parentage of MS

115 P.3d 405 · Court of Appeals of Washington · Jul 18, 2005

In February 2003, *407 Hampson filed a petition to establish the parentage of MS. … But she declined to rule on the issue, stating "So I think the cases are clearly distinguishable, and I think the statute controls.

King v. Snohomish County

105 Wash. App. 857 · Court of Appeals of Washington · Mar 19, 2001

King, stating that he did not believe the County was liable for her son’s injury because of immunity statutorily afforded the County. … The Court held, however, that the plaintiffs could not establish the third factor requiring justifiable reliance.

In re the Personal Restraint of Pullman

167 Wash. 2d 205 · Washington Supreme Court · Oct 8, 2009

Pullman is clearly “under a restraint” by virtue of his incarceration. … The statute reads in relevant part: An offender is qualified to earn up to fifty percent of aggregate earned release time ... if he or she: . . .

Oliver v. Spokane County Fire Dist. 9

963 F. Supp. 2d 1162 · District Court, E.D. Washington · Aug 5, 2013

However, just as in the discussion, supra, of the WLAD claim, Plaintiff has not established that he was qualified for the EMS Captain position, or that the position was given to a substantially younger individual. … Plaintiff admits he was not qualified for the position.

Fehrenbacher v. Oakesdale Copper Mining Co.

65 Wash. 134 · Washington Supreme Court · Sep 25, 1911

Nor can we agree with the trial judge that the proof shows that the defense of independent contractor' was so clearly made out that no question of fact remained for the jury. … These qualifying facts make the case, *137 notwithstanding our belief that the judgment of the'lower court was right on the merits, one for the jury to decide. We have not referred to the testimony of the appellant.

Covell v. City of Seattle

127 Wash. 2d 874 · Washington Supreme Court · Nov 2, 1995

If the service fee is a tax, however, then immunity is clear, since the states cannot tax the United States. Id. at 73. … The City suggested that the charge qualified as an excise on the "privilege” of receiving an extra level of fire protection. Id. at 427-28 .

Xieng v. Peoples National Bank

120 Wash. 2d 512 · Washington Supreme Court · Jan 21, 1993

Xieng was presently qualified for promotion. … Thus, the following are established facts: (1) that defendant's reason for not promoting plaintiff was because of his "foreign" accent, (2) that plaintiff's accent did not interfere materially with his job performance, and

State of Washington v. Gustavo Duarte Mares

190 Wash. App. 343 · Court of Appeals of Washington · Sep 24, 2015

Mares agreement to sexual intercourse be made "at the time of the act of sexual intercourse"­ then we should ascribe the same temporal qualifier to the statute's requirement that lack of consent be clearly expressed. … App. 599,608-9,36 P.3d 1103 (2001), in which the court held that a victim's helplessness or incapacitation can be established by debilitating intoxication.

Armantrout v. Carlson

214 P.3d 914 · Washington Supreme Court · Sep 10, 2009

ANALYSIS 18 RCW 4.20.020 establishes two tiers of beneficiaries in a wrongful death suit. … By excluding the everyday services a child would routinely provide, the trial court clearly established the boundaries within which the jury would be allowed to consider the Armantrouts' financial dependence on valuable services

Stiefel v. City of Kent

132 Wash. App. 523 · Court of Appeals of Washington · Apr 24, 2006

For this exception to apply, however, “the regulation establishing a *532 duty must intend to identify and protect a particular and circumscribed class of persons, and this intent must be clearly expressed within the provision … Because these regulatory provisions are clearly aimed at the public at large, the legislative intent exception does not apply. See Baerlein v.

State v. Evans

164 Wash. App. 629 · Court of Appeals of Washington · Nov 1, 2011

He contends that a corporation does not qualify as a “person” under the identity theft statute, RCW 9.35.020. … The prohibited conduct is clearly identified and easily understood.

Perry v. White

District Court, W.D. Washington · Nov 13, 2023

Qualified Immunity 15 Defendants also raise a qualified immunity defense. Dkt. No. 29 at 7. … In determining 16 whether a public official sued in their individual capacity is entitled to qualified immunity, courts 17 consider whether “the official’s conduct violated a clearly established constitutional right.”

Dodge City Saloon v. State Liquor Control

166 Wash. App. 828 · Court of Appeals of Washington · Feb 28, 2012

The fulcrum point upon which the [Liquor] Board's key argument rests is that card itself stated clearly when [C.M.] would turn 18, which also clearly meant that at the time he was not 21 either. … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought.