Case law

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.

Salstrom's Vehicles, Inc. v. Department of Motor Vehicles

87 Wash. 2d 686 · Washington Supreme Court · Nov 10, 1976

Respondent also relies on the privileges and immunities clause of the state constitution which is given substantially the same construction as the federal equal protection clause. See Northshore School Dist. 417 v. … Treating dealers who offer vehicles with warranties differently from those who do not is clearly related to the purpose of insuring warranty work is performed and performed well.

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

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.”).

Medicraft v. State of Washington

District Court, W.D. Washington · Oct 5, 2022

prosecutors 16 under certain circumstances or, in the alternative, to qualified immunity from Plaintiffs’ claims. 17 Plaintiffs opposed the motion. … a 10 declaration—when the same statements, had they been contained within the motion itself, would 11 clearly enjoy absolute immunity—would be elevating form over substance.

In re the Welfare of A.T.

109 Wash. App. 709 · Court of Appeals of Washington · Nov 21, 2001

At the time dependency was entered, M.C. had not established paternity. … M.C.’s 1987 rape conviction clearly did not result in the birth of A.T.

Wright v. Mead School District No. 354

87 Wash. App. 624 · Court of Appeals of Washington · Jul 22, 1997

An appellate court reviews factual determinations under a clearly erroneous standard, and issues of law de novo. Id. at 109 . … The court further stated that to find the conduct was not grounds for dismissal would operate to immunize an individual who managed to hide his past conduct prior to hiring. Id.

Vonherberg v. City of Seattle

20 F.2d 247 · District Court, W.D. Washington · May 17, 1927

The plaintiff, as a general taxpayer and a holder of bonds issued against the light fund and the water fund, is qualified to challenge this right. … Clearly the question was moot. In California v. San Pablo & T. R. R. Co., 149 U. S. 308 , 13 S. Ct. 876 , 37 L.

Sarah Ellen Keenan & David E. Keenan v. City of Spokane Valley

Court of Appeals of Washington · Feb 20, 2024

Thus, the mere fact of “incidental recreational use of land” is insufficient to qualify for recreational use immunity. Id. … The order is affirmed as to the affirmative defense of recreational immunity. The order is reversed as to whether the Keenans can establish an exception to immunity based on a latent defect.

State v. Alkire

100 P.3d 837 · Court of Appeals of Washington · Nov 15, 2004

Once those facts were established, the statutes gave the court discretion to impose a higher penalty. The court merely fixed the punishment within the authorized range. … Ortega, 120 Wash.App. 165, 169 , 84 P.3d 935 (2004) (relevant qualifying facts of prior conviction were not found by a jury beyond a reasonable doubt, and thus could not be used to enhance the penalty for a subsequent conviction

Beggs v. STATE, DEPT. OF SOCIAL & HEALTH

247 P.3d 421 · Washington Supreme Court · Feb 17, 2011

"A grant of immunity from liability clearly implies that civil liability can exist in the first place." Doe, 141 Wash.App. at 422-23 , 167 P.3d 1193 . … RCW 4.20.020 establishes two classes of beneficiaries. First tier beneficiaries do not need to demonstrate dependency to recover.

MacSuga v. County of Spokane

97 Wash. App. 435 · Court of Appeals of Washington · Sep 14, 1999

MacSuga assigns error to the jury instruction on reasonable accommodation and the burden of proof to establish FMLA eligibility. DISCUSSION We review jury instructions de novo. Hue v. … An accommodation is reasonable only if its cost is not clearly disproportionate. Stone v. City of Mount Vernon, 118 F.3d 92, 98 (2d Cir. 1997), cert. denied, 522 U.S. 1112 (1998).

Jarmon

District Court, W.D. Washington · Nov 24, 2025

Office of 15 California State Controller, 63 F.4th 1215, 1222 (9th Cir. 2023). 16 Moreover, even if the claim was adequately pleaded, Defendants are entitled to qualified 17 immunity. … State, 3 Wn.3d 404, 430 16 (Wash. 2024). 17 Moreover, the allegations in the FAC clearly establish that Ms.

Lee v. Chandler

District Court, W.D. Washington · Sep 9, 2024

Qualified Immunity Standard 6 Qualified immunity protects government officials from civil liability under § 1983 so 7 long as their conduct does not violate clearly established constitutional … right, and (2) 15 whether that right was clearly established at the time of the incident.”

State ex rel. Burlington Northern, Inc. v. Washington Utilities & Transportation Commission

93 Wash. 2d 398 · Washington Supreme Court · Apr 24, 1980

I Factual Background The State has no general immunity from liability in civil cases and is legally liable for its torts. RCW 4.92. … Thus the State clearly has not shown that the Public Service Revolving Fund finances the activity causing liability.

Hernandez v. Federal Way

District Court, W.D. Washington · Mar 10, 2020

entitles the officers to immunity. … It appears that the two additional defenses are merely state statutes that reiterate the 20]| federal qualified immunity defenses, and therefore would rely on the same proof already gathered 21|| during discovery. 22

Krings v. City of Bremerton

22 Wash. 2d 220 · Washington Supreme Court · Jan 24, 1945

of liability of municipal corporations for the negligence of its employees while performing governmental functions, this court said: “In passing, it may be noted that in at least the following instances, the doctrine of immunity … does not apply: . . . (2) where damage or injury has been occasioned through the establishment, maintenance, or permission of a nuisance.”

Intsel Corp. v. M/V ANTONIA JOHNSON

549 F. Supp. 526 · District Court, W.D. Washington · Jul 22, 1982

It has been held that such an extension cannot adversely affect rights vested in the stevedoring agents, particularly the right to rely on an established limitation period for filing suit. See Dorsid Trading Co. v. … Although the extension of “exemptions and immunities from and limitations of liability” to the stevedore is dependent upon the carrier’s right to such benefits, the decision whether to exercise or to waive any specific benefit

Kohn v. Georgia-Pacific Corp.

69 Wash. App. 709 · Court of Appeals of Washington · Mar 1, 1993

The record clearly indicates that Georgia-Pacific informed plaintiff of four jobs for which she was "qualified". … As stated in Stewart , [t]he court reasoned that established personnel policies may, in certain circumstances, create legitimate employee expectations that the policies will be binding.

Topline Equipment, Inc. v. Stan Witty Land, Inc.

31 Wash. App. 86 · Court of Appeals of Washington · Jan 15, 1982

RCW 19.52.010 clearly limits interest charges to 6 percent per annum in the absence of a written agreement specifying a different rate. … This evidence clearly warranted the jury's conclusion that there was a valid business relationship between the parties.