Case law

State v. Glenn

115 Wash. App. 540 · Court of Appeals of Washington · Feb 7, 2003

But the evidence does not establish that this policy applied to confessions to clergy. … Motherwell held that clergy receiving information protected by the clergy/penitent privilege are not subject to the mandatory child abuse reporting requirements in chapter 26.44 RCW, the court also clearly noted that its

A.S., V. Provail

Court of Appeals of Washington · Dec 15, 2025

Code § 51(b), to the male-only membership policy of the Board of Directors of Rotary International, holding that because “membership in an organization constituting a business establishment is clearly an ‘advantage’ or … PROVAIL qualifies as a program authorized under chapter 71A.12 RCW.

City Of Seattle, Et Ano. v. Seattle Police Officers' Guild

Court of Appeals of Washington · Apr 5, 2021

showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’ ” Olivier v. … Second, SPOG’s focus on qualified immunity and liability under § 1983 ignores § 12601, which was enacted to provide relief that § 1983, as interpreted by the courts, could not.

Beaver v. Estate of Harris

67 Wash. 2d 621 · Washington Supreme Court · Dec 23, 1965

The following testimony clearly demonstrates plaintiff’s evidence failed to meet the required burden of proof: Q. Now, Mr. … What constitutes a mutual mistake must be clearly established. There is ample authority holding a mutual mistake must be one involving both parties, a mistake independently made by each party.

City of Renton v. Dillingham Corp.

79 Wash. 2d 374 · Washington Supreme Court · Jun 3, 1971

we must examine the language of RCW 8.25.070, which expressly provides, “the court may award the condemnee reasonable attorney’s fees and reasonable expert witness fees actually incurred A plain reading of this provision clearly … Construing the statute in this manner is consistent with the applicable rule of statutory construction which provides that a qualifying *377 or conditioning phrase (i.e., “actually incurred”) relates solely to the last antecedent

United States v. Striet

313 F. Supp. 2d 1062 · District Court, W.D. Washington · Mar 19, 2004

The court stated that, While in some cases a sentencing court properly may cumulate documentation of prior criminal convictions to find that such documentation “clearly establishes” a prior criminal conviction, in the context … Defendant’s argument, however, amounts to nothing more than the assertion that the conviction records do not clearly establish that the defendant plead guilty to the generic elements of burglary.

State ex rel. Kern v. Jerome

80 Wash. 261 · Washington Supreme Court · Jun 29, 1914

The disposition to do so clearly appears, and there are heavy doubts-as to the good faith of the reformation.” That decision was rendered in 1887. … ceased the business and pro *267 fessed reformation, the brief time elapsing after the reformation and before trial or other circumstances disclosed were deemed insufficient proof of such repentance as to secure defendants immunity

Goodin v. Bahder

District Court, E.D. Washington · May 28, 2021

“If there is no constitutional 14 violation, the inquiry ends and the officer is entitled to qualified immunity.” Ioane 15 v. … Defendants are entitled to qualified immunity. Ioane, 6 939 F.3d at 950.

Drain v. Wilson

117 Wash. 34 · Washington Supreme Court · Sep 8, 1921

That they represented not only themselves but all the creditors, known and supposed, is clearly indicated by the form taken in that litigation by which the *39 hidden assets were discovered for the benefit of the whole estate … It is a suit appealing, to the general powers of the superior court sitting in equity for the establishment of a lien upon, or a portion of, a fund created by the valuable services of the appellants through their attorneys

McCormick v. Milner Hotels, Inc.

53 Wash. 2d 207 · Washington Supreme Court · Dec 1, 1958

Smith's testimony is carefully considered, the effect would be to establish a standard of care that would provide complete immunity to hotel and apartment owners when sued by guests or tenants for injuries received by cracked … Hotel and apartment owners are not insurers of their guest's health and safety, but on the other hand they should not be immune from liability where facts are established, as in the case at bar.

Gorre v. City of Tacoma

Washington Supreme Court · Aug 27, 2015

The legislature clearly drafted RCW 51.32.185(3) to restrict RCW 51.32.185(1)(c)'s cancer presumption, which "shall only apply to" the specific cancers it identifies. … To qualify for benefits, a claimant generally bears the burden of establishing causation between the workplace conditions and the disease.

State Ex Rel. School District No. 92 v. State Finance Committee

178 Wash. 565 · Washington Supreme Court · Aug 18, 1934

We are, however, inclined to the view that the proceedings, so far as obtaining authority from the voters is concerned, were initiated by the posting of the notices of the election, and those notices were clearly posted after … Hence, it necessarily follows that, from and after the taking effect of chapter 29, no election could legally be held except under the direction and control of the county election board as established by that chapter.

R W v. Columbia Basin College

District Court, E.D. Washington · Aug 30, 2023

The Ninth Circuit 9 reversed and remanded the denial of qualified immunity for Defendants Reagan 10 and Thornton because a constitutional violation was not clearly established: 11 Here, there is room for debate … 2 granted the motion with respect to CBC, ruling it was entitled to qualified 3 immunity.

State Ex Rel. Carr v. Superior Court

190 Wash. 553 · Washington Supreme Court · Jun 28, 1937

If the petition be found to contain a sufficient number of qualified signatures, the auditor shall so certify to the county commissioners, who shall give notice of a hearing as therein prescribed, and, as provided in § 2 … C. § 7249-12]), amending § 2, Laws of 1929, p. 219, it clearly appears that no such finding was entered as a condition precedent to the formation of the district, as required by § 4, chapter 72, Laws of 1931, p. 229 (Rem.

Drinkwitz v. Alliant Techsystems, Inc.

140 Wash. 2d 291 · Washington Supreme Court · Apr 6, 2000

Federal law under the FLSA clearly prohibits this practice. 29 C.F.R. § 541.118 (a). … If the Legislature chooses to do so, it will have the opportunity to clearly detail the requirements necessary to qualify for that exception.

Hotchkiss v. CSK Auto Inc.

918 F. Supp. 2d 1108 · District Court, E.D. Washington · Jan 22, 2013

O’Reilly asserts, as an initial matter, that Realing does not qualify as “an owner, partner, corporate officer, or manager” for purposes of establishing automatic employer liability. Davis v. … It is hard on your immune system. Hotchkiss Dep., ECF No. 87-1, at Tr. 129.

Larson v. City of Bellevue

188 Wash. App. 857 · Court of Appeals of Washington · Jul 13, 2015

Once a firefighter shows that he suffers from a qualifying disease, RCW 51.32.185(1) establishes a presumption that the condition is an occupational disease and imposes on the employer the burden of producing evidence sufficient … Coleman’s testimony because “the witness clearly qualifies as an expert with information that would assist the trier of fact, and that’s based not only on the recitation of the qualifications, but also my review of the portions

McClure v. Stretch

20 Wash. 2d 460 · Washington Supreme Court · Apr 13, 1944

The doctrine of privileged communications rests upon public policy, ‘which looks to the free and unfettered administration of justice, though, as an incidental result, it may, in some instances, afford an immunity to the … This citation is found under the general heading of “Qualified Privilege.”

Williams v. McCauley

7 Wash. 2d 1 · Washington Supreme Court · Dec 31, 1940

it is well settled that a writ of habeas corpus cannot be permitted to perform the functions of an appeal or writ of error to review the errors or irregularities of a court of competent jurisdiction, it is equally well established … view that, when a *6 court had jurisdiction of the subject-matter and of the person of the defendant, its judgment was conclusive on habeas corpus . . . , it is now generally conceded that, in order to render a judgment immune

State v. Rinaldo

102 Wash. 2d 749 · Washington Supreme Court · Oct 18, 1984

Stewart would hold that when a reporter is asked to appear before a grand jury and reveal confidential information, the government must (1) show that there is probable cause to believe that the newsman has information that is clearly … The four fundamental conditions necessary to establish such a privilege are: (1) the communication must originate in a confidence that it will not be disclosed; (2) the element of confidentiality must be essential to the