Case law

Benton v. Seattle Electric Co.

50 Wash. 156 · Washington Supreme Court · Jul 29, 1908

It is urged by respondent that the last-mentioned statute is thus affected and that, under the well-established rule that a general must give way to a special statute and a former to a latter, it follows that the direct amendment … This case is clearly distinguishable from that of Hindman v.

Owens v. Harrison

120 Wash. App. 909 · Court of Appeals of Washington · Apr 5, 2004

In Falkner, we clearly held that a criminal malpractice plaintiff must demonstrate innocence 9 on a public policy basis entirely unrelated to collateral estoppel. … Because Owens fails to allege or establish his innocence, the trial court properly granted summary judgment. II.

City of Sunnyside v. Lopez

50 Wash. App. 786 · Court of Appeals of Washington · Mar 17, 1988

Ct. 276 (1946), on the nature of the property involved is an alternate way of establishing state action. See 1 C. Antieau, Modern Constitutional Law § 8:6 (Supp. 1987); L. … Clearly, Alderwood was concerned with private conflicts. This is not such a case.

White v. King County Sheriff's Office

District Court, W.D. Washington · May 31, 2024

Because there is a factual and legal dispute about whether qualified immunity 4 renders Defendants immune from suit, and this has been adequately stated in short plain terms in 5 Defendants’ amended answer, see Dkt … to qualified immunity.”

Simpson Timber Co. v. Olympic Air Pollution Control Authority

87 Wash. 2d 35 · Washington Supreme Court · Apr 22, 1976

The specific exclusion of the situations in RCW 70.94.660 clearly indicates that cooperation in regulation is not intended under that section and thus indicates *40 that the DNR was intended to have exclusive authority under … Lastly, the Washington Clean Air Act itself assures that the possession of a permit issued pursuant to RCW 70.94.660 will not provide immunity for violations of the act.

Hon. Kelli Linville, Res. v. State Of Wa. Dept. Of Retirement Systems, App.

452 P.3d 1269 · Court of Appeals of Washington · Dec 2, 2019

Having established that Linville does not qualify for an exception to the estoppel statute, we are left to apply that statute as it is written. … Someone who “becomes a member” at any time after a specified cutoff date (here July 1, 1988) clearly falls within the purview of WAC 415-113-041(1). There is no conflict with the statute.

Robinson v. Pierce County

539 F. Supp. 2d 1316 · District Court, W.D. Washington · Feb 11, 2008

Employers are free to hire qualified candidates, and the decision to hire a qualified candidate who happens to be younger does not necessarily evidence discrimination. Kuyper, 79 Wash.App. at 738 , 904 P.2d 793 . … Robinson would proffer that a clearly age-discriminate policy, implemented through a pretextual biased skills matrix, is extreme.”).

Colwell v. Holy Family Hospital

104 Wash. App. 606 · Court of Appeals of Washington · Jan 4, 2001

Gulf R.R., 910 F.2d 1284 (5th Cir. 1990) (clinical psychologist not qualified to testify on alleged link between employee’s job-related stress and worsening of heart condition); Freemon v. … Based on the record, a continuance was never clearly requested; therefore, the trial court could not err.

Robert Maddaus v. Edwards

District Court, W.D. Washington · May 11, 2021

On February 23, 2019, this Court issued 12 a Report and Recommendation (R&R) recommending denial of defendants’ motion on 13 the ground of qualified immunity, and the deferral of defendants’ arguments on the 14 merits … immunity.

Hewitt-Lea Lumber Co. v. King County

113 Wash. 431 · Washington Supreme Court · Dec 14, 1920

“All tide, swamp and overflowed lands patented by the United States,” and no reason is preceived why the rule as to tide lands which has been so long and firmly established, should not be extended to swamp and overflowed … The distinction in this class of cases is clearly pointed out in United States v. Cress, 243 U. S. 316 . .

State ex rel. Govan v. Clausen

108 Wash. 133 · Washington Supreme Court · Aug 6, 1919

1917D 810, the plaintiff sought to enjoin defendants from enforcing the provisions of the fisheries code of 1915, on the ground that the law, if enforced, would deny to him and all other gill-net fishermen privileges and immunities … This is clearly illustrated by the case of Zimmerman v. Brooks, 118 Ky. 85 , 80 S. W. 443 , cited by respondent.

Boehme v. Broadway Theater Co.

91 Wash. 104 · Washington Supreme Court · May 6, 1916

He was apparently an unwilling witness and attempted to qualify this statement, but admitted that, before signing the affidavit, he had revised it to make it accurately state his recollection of the facts. … It is now conceded that, at the time of this transaction, the business was not only not making money but was steadily running behind, and the evidence clearly establishes the fact that never at any time throughout its career

Long v. Chiropractic Society

93 Wash. 2d 757 · Washington Supreme Court · Jun 19, 1980

Plaintiff United appears to be qualified to sponsor a symposium under the trial court's order. During the period pertinent to this action, both CSW and WCA sponsored relicensing symposia. … If CSW's conduct of its relicensing symposium was in fact discriminatory toward them, to prevail under RCW 18.25.150 respondents must establish that state action is involved or that CSW acted with state agency status.

Young v. State

120 Wash. App. 753 · Court of Appeals of Washington · Mar 22, 2004

Rather, he presumes Young was an SVP in 1991 and clearly states in his report that Young no longer meets that definition because of his advanced age. … Barbaree’s opinion is not enough to establish probable cause.

State Of Washington, V. Lendsay Leshly Meza

Court of Appeals of Washington · Jun 27, 2022

At the jury panel stage, “jury selection must be done in a fair way that does not exclude qualified jurors on inappropriate grounds.” State v. … This case does not establish a rigid requirement. In State v.

McCoy v. Federal Insurance

7 F. Supp. 2d 1134 · District Court, E.D. Washington · Jun 10, 1998

Finally, even had the Plan not waived the argument it now advances, the administrative record clearly establishes that Marlene was a Battelle- Memorial Institute employee at the time of here death. … Endorsement #5 clearly establishes that the drafters of the Plan contemplated that employees relocating at the policyholder’s expense and with its authorization were to be covered by the Plan.

Ray

District Court, W.D. Washington · Jun 1, 2026

Plaintiffs now assert that because they are also 2 seeking reinstatement as injunctive relief, qualified immunity does not apply. … Plaintiffs have not 1 provided plausible allegations that Defendant Long violated their procedural due process rights, 2 let alone that those rights were clearly established.

Washington Education Ass'n v. Department of Retirement Systems

181 Wash. 2d 212 · Washington Supreme Court · Aug 14, 2014

For the employees to prevail, therefore, they must establish that “there is no reasonable doubt that the statute violates the constitution.” Larson v. … The first prong of the Carlstrom analysis asks whether gain sharing became part of the parties’ employment contract, which it clearly did.

Bjork v. City of Tacoma

76 Wash. 225 · Washington Supreme Court · Oct 29, 1913

Eliminating the questions of notice to the city and contrib *228 utory negligence of the parents of the child, which, under the evidence, were clearly for the jury, there is but one question presented for our consideration … S.) 88, chiefly relied upon by the respondent, though carrying the doctrine of immunity as a matter of law to a considerable extent, by no means goes as far as we are asked to extend it in this case.

Wusthoff v. Schwartz

32 Wash. 337 · Washington Supreme Court · Jul 24, 1903

In ruling upon the motion the court said, in substance, that although, under the testimony, it clearly appeared that damages had been shown, yet it also equally clearly appeared that whatever acts were done by respondent … It is a well-established rule that actual force is not necessary *341 to effect an eviction in law, but that any interference by the landlord with the full and .substantial enjoyment.by the tenant of the thing leased amounts