Case law

In Re The Dependency Of: N.B.G.

551 P.3d 1045 · Court of Appeals of Washington · Jul 8, 2024

by stipulation if “the proposed guardian is qualified, appropriate, and capable of performing the duties of a guardian under RCW 13.36.050.” … In the order for A.R.G., finding of fact 2.16 references N.B.G., when it clearly meant to reference A.R.G.

Mader v. Health Care Auth.

37 P.3d 1244 · Court of Appeals of Washington · Jan 14, 2002

benefits under the terms established by the Legislature. … But the text of the HCA's decision clearly indicates otherwise.

Ryan v. Ryan

48 Wash. 2d 593 · Washington Supreme Court · Apr 5, 1956

They are conclusive and immune from attack by parol or extrinsic evidence. In Union Machinery & Supply Co. v. Darnell, 89 Wash. 226 , 154 Pac. 183 (1916), the court illustrated this principle by quoting from Jackson v. … Clearly not. The reason is that it has been contracted otherwise by the parties and that contract has been reduced to writing.” The proffered evidence does not tend to vary the written agreement.

Hartford Fire Insurance v. Calmar Steamship Corp.

404 F. Supp. 442 · District Court, W.D. Washington · Nov 13, 1975

I also note that all of said activity was witnessed and approved by qualified representatives of both Weyerhaeuser and Calmar. … First, in order to avail itself of the COGSA exemptions Calmar must initially establish its due diligence to avoid the unseaworthy conditions that caused the loss. 31 This it has not done.

Roberts v. Sinclair

District Court, W.D. Washington · Sep 6, 2019

The plaintiff bears the burden of proving that the right was clearly 9 established. See Davis v. … Accordingly, all Defendants sued in their individual 3 capacity are entitled to qualified immunity as a matter of law.

State v. Wilbur-Bobb

141 P.3d 665 · Court of Appeals of Washington · Aug 21, 2006

Along with testimony by the officer and toxicologist establishing the chain of custody, this was sufficient to make a prima facie case. … The black and white copy does not clearly show the words "sodium fluoride". But Exhibit 21, the actual color photograph examined by the trial judge, does clearly contain those words.

Ballou v. McElvain

District Court, W.D. Washington · Jul 24, 2023

Leighton who retired from the bench in August 2020, denied McElvain’s Motion for Summary Judgment on Ballou’s Fourteenth and First Amendment claims, and for qualified immunity. (Dkt. No. 67 at 12–13.) … On remand, the Court clarified Ballou did not demonstrate McElvain violated her Fourteenth Amendment rights under 0 “clearly established” authority. (Dkt. No. 94 at 4.)

State v. Burke

431 P.3d 1109 · Court of Appeals of Washington · Dec 27, 2018

Ex. 19B. ¶ 22 The consent form then described several aspects of a forensic evaluation, including that "[m]edications may be recommended including immunizations, anti-nausea medications, emergency contraception and medications … Unfortunately, the Court did not define what qualifies as a testimonial statement.

Luttrell v. Novartis Pharmaceuticals Corp.

894 F. Supp. 2d 1324 · District Court, E.D. Washington · Oct 1, 2012

Jackson is sufficiently qualified to render a causation opinion. … Expert Testimony Establishing Causation Expert medical testimony is often “necessary to establish causation where the nature of the injury involves ‘obscure medical factors which are beyond an ordinary lay person’s knowledge

State v. Wilbur-Bobb

134 Wash. App. 627 · Court of Appeals of Washington · Aug 21, 2006

Along with testimony by the officer and toxicologist establishing the chain of custody, this was sufficient to make a prima facie case. … The black and white copy does not clearly show the words “sodium fluoride.” But exhibit 21, the actual color photograph examined by the trial judge, does clearly contain those words.

State v. Case

Washington Supreme Court · Dec 8, 2016

The stipulation was therefore not narrow enough to establish that the prior convictions were qualifYing convictions. 2. … Under this authority, Case's stipulation was insufficient to establish that he had two qualifying prior convictions. 10 State v.

State v. Green

91 Wash. 2d 431 · Washington Supreme Court · Jan 5, 1979

The clear effect of the voters' action was to qualify and supplement the existing statute, RCW 9A.32.030. … Appellant suggests the evidence is insufficient to establish abduction.

In Re Young

86 P.3d 810 · Court of Appeals of Washington · May 7, 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.

Mader v. Health Care Authority

109 Wash. App. 904 · Court of Appeals of Washington · Jan 14, 2002

Mader and Knudsen did not ask that the HCA rule on their eligibility during prior summers, and the HCA clearly did not do so. … But the text of the HCA’s decision clearly indicates otherwise.

Lillig v. Becton-Dickinson

105 Wash. 2d 653 · Washington Supreme Court · Apr 17, 1986

Subsequent to this trial, we adopted the rule of the Restatement (Second) of Torts § 600, at 288 (1977), holding that proof of an abuse of a qualified privilege must be established by clear and convincing evidence showing … However, this clearly would be the jury's decision not the judge's.

Drake v. Pierce

698 F. Supp. 1523 · District Court, W.D. Washington · Sep 12, 1988

Congress sought inter alia to subsidize low-income families in the rental of existing housing under the Certificate Program, established in 1974, and the Voucher Program, established in 1983. … Clearly, Congress expected PHAs to retain responsibility over which applicant to select as tenants.

Lesa Samuels v. City Of Tacoma

Court of Appeals of Washington · Oct 1, 2019

, and thus, the City is not entitled to qualified immunity and the superior court erred. … Under RCW 18.71.210, “Qualified immunity is immunity from suit, not simply from liability.” Marthaller, 94 Wn.

State v. Thetford

109 Wash. 2d 392 · Washington Supreme Court · Nov 12, 1987

The court rejected the State's argument that "Agent” was immunized from production as a witness under the informer privilege. … The defense affidavits establish the time of Baker's arrival in Port Townsend in early March.

In Re the Estate of Perry

168 Wash. 428 · Washington Supreme Court · Jun 16, 1932

Stewart qualified as executor of Dr. Perry’s will, and letters testamentary thereon were regularly issued. … The laws *436 establishing the different percentages to be paid to the state by way of inheritance taxes afford no analogy whatsoever to the question here presented.

Johnson v. Clark County Sheriff

District Court, W.D. Washington · Apr 30, 2024

Murray 4 and Joachim also contend that they are qualifiedly immune from Johnson’s excessive 5 force claims because Johnson fails to establish that they violated a clearly established 6 right. … has . . . shown . . . make out a 9 violation of a constitutional right,” and (2) “the right at issue was ‘clearly established’ at 10 the time of defendant’s alleged misconduct.”