Case law

Protect The Peninsula's Future v. Haaland

District Court, W.D. Washington · Nov 12, 2024

Dkt. 36. 9 Plaintiffs contend that Jamestown does not qualify for intervention as a matter of 10 right. … Regarding the second factor, Jamestown clearly has an 10 interest relating to the property that is the subject of the action.

Cowles Publishing Co. v. Spokane Police Department

139 Wash. 2d 472 · Washington Supreme Court · Oct 21, 1999

If the prosecuting authority determines there is an insufficient factual or legal basis to file charges, the case is clearly neither solved nor closed. … Steele, 39 Wn.2d 473 , 236 P.2d 349 (1951) (immunity extends to official acts committed with malice and without probable cause).

In Re Smith

986 P.2d 131 · Washington Supreme Court · Oct 14, 1999

Nov. 11, 1997), I would hold former RCW 9.94A.150(1) (1996) ambiguous, and I would then apply established principles of statutory construction to determine the meaning of the statute. … Moreover, applying basic rules of law, the holding in Mahrle was clearly applicable to all persons similarly situated (particularly in regards to petitioner Smith, who was located within the jurisdiction of the Court of Appeals

Swank v. Valley Christian School

Washington Supreme Court · Jul 6, 2017

See Beggs, 171 Wn.2d at 78("A grant of immunity from liability clearly Implies that civil liability can exist in the first place.'" (quoting Jane Doe, 141 Wn. App. at 422-23)). … at 81-82 (reasoning that "in Adams, the court specifically rejected the appellant's argument that good faith immunity sufficed to establish legislative intent to create an 12

Swinomish Indian v. Western Washington

166 P.3d 1198 · Washington Supreme Court · Sep 13, 2007

As a procedural matter, the County's determination in this matter clearly satisfied the BAS requirement. … The Board is clearly trying to bootstrap the "sound science" used by Dr.

Wood v. United States

District Court, W.D. Washington · Apr 30, 2025

Qualified Immunity 2 Defendants assert they are entitled to qualified immunity. Dkt. 168, 169. … When 3 defendants assert qualified immunity in a motion to dismiss, “‘dismissal is not appropriate unless 4 [the Court] can determine, based on the complaint itself, that qualified immunity applies.’” 5 O’Brien v.

Hadaller v. Port of Chehalis

97 Wash. App. 750 · Court of Appeals of Washington · Oct 29, 1999

In her letter, Pehl said, “In accordance with the project specifications the Port of Chehalis must now determine the lowest qualified bidder.” … She then asked each contractor to submit additional information so that the Port could determine “the lowest qualified bidder.”

Rynearson v. Motricity, Inc.

626 F. Supp. 2d 1093 · District Court, W.D. Washington · Jun 15, 2009

Motricity bears the burden of establishing federal jurisdiction. See Abrego v. Dow Chem. … Exxon Corp., 25 F.3d 773, 779 (9th Cir.1994) (reply brief qualifies as “other paper”).

Songstad v. Municipality of Metropolitan Seattle

2 Wash. App. 680 · Court of Appeals of Washington · May 14, 1970

The immunity is now gone in this state; and in this ■ particular case the claims were timely filed. … Hoefer, a real estate appraiser, to establish a permanent impairment of the market value because of an alleged “continual threat of subsequent invasions.”

Shasky v. Burden

78 Wash. 2d 193 · Washington Supreme Court · Jun 11, 1970

Shasky, plaintiff, testified that she was carrying a sandwich and a container of coffee to a friend of hers in a business establishment on the east side of Broadway a few doors north of the 19th Street intersection. … It correctly informed the jury as to the respective rights, duties and immunities of vehicle operators and pedestrians when traversing through and along pedestrian crosswalks at signal-controlled intersections.

State v. Jeane

35 Wash. 2d 423 · Washington Supreme Court · Jan 13, 1950

Count I alleged: “Comes now John Hancock,, the duly elected, qualified and acting Prosecuting Attorney of Okanogan County, Washington, and by this Second Amended Information accuses the defendant, Leonard B. … The language of this section clearly indicates that the constitution grants a privilege.

Acord v. Pettit

174 Wash. App. 95 · Court of Appeals of Washington · Mar 14, 2013

Lang was clearly a well educated and a very experienced forester. He was then clearly qualified as an expert. … App. 747, 761 , 46 P.3d 284 (2002). “ ‘[Practical experience is sufficient to qualify a witness as an expert.’ ” Id: at 762 (alteration in original) (quoting State v.

Beeler v. Standard Investment Co.

107 Wash. 442 · Washington Supreme Court · Jun 30, 1919

But this clearly could not he regarded as mismanagement or incompetencv on the part of the manager. It was contended by the respondents that the trustees were dominated by the president of the corporation. … Some of the witnesses testified that it would cost about $30 per acre, and the evidence on the part of the appellants shows that an effort had been made to establish a drainage district in that section of the country so as

Fell v. Spokane Transit Authority

911 P.2d 1319 · Washington Supreme Court · Feb 29, 1996

I, § 12 (privileges and immunities, and equal protection). The aim and purpose of the special privileges and immunities provision of Art. … The definition is clearly broad enough to encompass STA's benefit area.

Doty-Fielding v. Town of South Prairie

143 Wash. App. 559 · Court of Appeals of Washington · Mar 12, 2008

of South Prairie, 155 Wash.2d 527 , 120 P.3d 941 (2005), the court affirmed our decision, holding that Doty-Fielding is not subject to the IIA's exclusive remedy provision and that the IIA does not provide the Town with immunity … qualifications are unclear from the record as presented. [8] "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Beard v. Everett Clinic, PLLC

Washington Supreme Court · Mar 12, 2026

Lupus is an incurable, chronic autoimmune disease where a person’s immune system attacks their own tissues and organs. … As our precedent establishes, they need the help of an expert for that.

ZDI Gaming, Inc. v. Washington State Gambling Commission

151 Wash. App. 788 · Court of Appeals of Washington · Aug 25, 2009

More important, the Shoop court went on to clearly state that article IV, section 6 “precludes any subject matter [jurisdiction] restrictions as among superior courts.” 149 Wn.2d at 37 . … The amount the trial court can award a qualified party is limited to $25,000. RCW 4.84.350(2).

Tacoma Mill Co. v. Northern Pacific Railway Co.

102 Wash. 95 · Washington Supreme Court · May 4, 1918

The controversy between the parties is with respect to the nature and extent of the right of way granted by appellant to the respondent, the former contending that it was merely a limited and qualified easement for the uses … merits and clearly foreclosed that question.

State v. Bennett

6 Wash. 2d 208 · Washington Supreme Court · Nov 16, 1940

However, it was not essential that the charge of inducing belief be established by direct evidence. … The facts and circumstances shown were clearly sufficient to warrant the jury in drawing the inferences upon which its verdict was based.

Arnold v. Department of Retirement Systems

74 Wash. App. 654 · Court of Appeals of Washington · Jun 24, 1994

Patricia Arnold brought a declaratory judgment action challenging the constitutionality of the death benefit provisions of RCW 41.26, the statute that establishes and describes the Law Enforcement Officers’ and Fire Fighters … First, women clearly are not being disproportionately excluded to the advantage of men.