Case law

OLYMPIC TUG & BARGE v. Dept. of Revenue

259 P.3d 338 · Court of Appeals of Washington · Aug 29, 2011

Collateral estoppel is inappropriate to prevent the current litigation and Olympic fails to show that the Board's decision was clearly erroneous on these grounds. … But, the burden is on the party asserting the deduction to show that it qualifies for the deduction.

Ingrid Johnson v. Microsoft Corporation, et al.

District Court, W.D. Washington · Jul 13, 2026

Thus, the court dismisses 20 with prejudice on the basis of judicial immunity Ms. … as clearly irrational or wholly 7 incredible.”

State Ex Rel. Carroll v. King County

78 Wash. 2d 452 · Washington Supreme Court · Sep 24, 1970

Such proposed charter shall be submitted to the qualified electors of said county, and if a majority of such qualified electors voting thereon ratify the same, it shall become the charter of said county and shall become the … The import of this language is clearly that the voters may adopt such charter provisions as they see fit regarding elections. The respondent relies heavily upon this court’s opinion in Plummer v.

Lynch v. City of North Yakima

37 Wash. 657 · Washington Supreme Court · Mar 28, 1905

Rep. 368 , the supreme court of Ohio, speaking of the authority of municipal corporations to establish fire companies, and procure engines and fire extinguishing apparatus, said: “But the powers thus conferred are in their … If the city *664 were, in the first instance, liable because its policeman brought tbis afflicted man into the room where appellant was staying, it would seem clearly that the appellant, by remaining in the room and doing

Cooper v. Department of Labor & Industries

195 Wash. 315 · Washington Supreme Court · Jun 29, 1938

A number of assignments of error are set forth, but they present only two questions: First, whether the evidence offered on behalf of appellant is sufficient to establish the fact that decedent died as a result of the injury … One testified that the cause of decedent’s death was traumatic pneumonia, but subsequently upon cross-examination he qualified this statement by pointing out that it is possible for a person who did not examine decedent during

Gwinn v. Church of the Nazarene

66 Wash. 2d 838 · Washington Supreme Court · Sep 9, 1965

It seems to be the position of the executor that he is immune from an order of distribution because of his nonintervention powers. … A nonintervention executor is not immune from a duty to distribute the estate according to the provisions of the will. See RCW 11.68.010.

Wilson v. Westinghouse Electric Corp.

85 Wash. 2d 78 · Washington Supreme Court · Jan 9, 1975

In this case, the first element is clearly established since Westinghouse originally represented that plaintiff’s benefits would be $788.28 per month for 2 years and thereafter $650.78 per month, only to subsequently retract … The second element is likewise clearly established since the plaintiff, on the faith of the accuracy of the representations, elected to accept the early retirement benefits and elected not to pursue other options for employment

Hagan & Van Camp, P.S. v. Kassler Escrow, Inc.

96 Wash. 2d 443 · Washington Supreme Court · Nov 5, 1981

This is clearly counter to prior case law. Great Western, at 54; Washington Ass'n of Realtors , at 699. … We have clearly held that it is the nature and character of the service rendered rather than the fact of compensation for it that governs. Washington State Bar Ass'n v.

State v. Carpenter

166 Wash. 478 · Washington Supreme Court · Jan 29, 1932

Instruction No. 33, reading as follows, supplements and qualifies instruction No. 29, and directs the attention of the jury to the exception in homicide cases as to the general rule of the jury’s province in assessing the … reason of insanity, which has been filed by the defendants and each *486 of them, in this case, you are advised that thé defense of insanity if established and proven is admissible and good under the laws of this state, but

Hargrave v. University of Washington

113 F. Supp. 3d 1085 · District Court, W.D. Washington · Jul 1, 2015

To establish a prima face case by indirect evidence, a plaintiff “must show that (1) he belongs to a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment action; and (4) similarly … RCW 34.05.010(2), (7). - The exhaustion requirement applies “(1) when a claim is cognizable in the first instance by an agency alone; (2) when the agency’s authority establishes clearly defined machinery- for the submission

County of King v. Ferry

19 L.R.A. 500 · Washington Supreme Court · Jan 20, 1893

It does not definitely appear from the opinion in that case whether the blank had been filled before or after the delivery of the bond, but it can be pretty clearly ascertained from a review of the authorities by the court … significance when applied to the officers of private corporations, it can have none here,0 for the law provides when the officer elect shall qualify, and if he does not qualify within the time prescribed the commissioners

Moen v. Hanson

85 Wash. 2d 597 · Washington Supreme Court · Jul 3, 1975

Clearly a parent’s bereavement does not depend upon whether or not the child survives to full term. … Mental anguish and grief at bereavement are clearly experienced by the parent whether or not a viable fetus survives to full term.

Osborne Constr. Co. v. Zurich Am. Ins. Co.

356 F. Supp. 3d 1085 · District Court, W.D. Washington · Dec 20, 2018

Even viewing the facts in the light most favorable to Zurich-and therefore crediting its assertion that it did not receive the contract with the September 2017 letter-the record clearly establishes that Zurich was in receipt … The SIR endorsement also clearly states that "payments by others, including ... additional insureds ... do not serve to satisfy" Alside's SIR. ( Id. at 18.)

State v. London

194 Wash. 458 · Washington Supreme Court · Apr 21, 1938

a road engineer who is not a qualified official under the state constitution. … There was evidence which was proper to submit to the jury, inasmuch as it tended to establish the essential elements of the crime charged.

Magdaleno Gamboa, et ux v. John M. Clark, et ux

Court of Appeals of Washington · Mar 25, 2014

No Washington decision has ever examined the scope ofunobjected-to use that is "otherwise explained" and therefore immune from the shifting presumption. … But the qualifier is reasonably read as contemplating exceptions like the exception for vacant land that was relevant in Northwest Cities.

State v. Evans

177 Wash. 2d 186 · Washington Supreme Court · Apr 11, 2013

This means that we will interpret an ambiguous penal statute adversely to the defendant only if statutory construction “clearly establishes” that the legislature intended such an interpretation. … established by statutory construction or, if there is no such clearly established interpretation, then whichever reasonable and justifiable interpretation is most favorable to the defendant.

In Re Findley's Estate

199 Wash. 669 · Washington Supreme Court · Jul 31, 1939

and distinctly proved by at least two witnesses, and when any such will shall be so established, the provisions thereof shall be distinctly stated in the judgment establishing it, and such judgment shall be recorded as wills … Findley, who then held the custody of the assets of the estate, having been the duly appointed, qualified, and acting administratrix thereof for more than five years. Mrs.

Public Utility District No. 1 v. Town of Newport

38 Wash. 2d 221 · Washington Supreme Court · Mar 10, 1951

Stat., § 11605 [P.P.C. § 833-1] et seq.) authorizing the establishment of public utility districts, as subsequently amended by the legislature. In the light of that act, we have also read Rem. Rev. … Stat., § 9488 et seq., a court of equity will not review their action unless it is exercised in bad faith or unless it is clearly ultra vires. Blade v. La Conner, 167 Wash. 403 , 9 P. (2d) 381 .

Smith v. State

64 Wash. 2d 323 · Washington Supreme Court · Apr 23, 1964

The principle is thoroughly established that the exercise by the State of its police power, which would be valid if not superseded by federal action, is superseded only where the repugnance or conflict is so ‘direct and positive … The idea of apportionment to permit state taxing of interstate incidents by methods compatible with the free flow of goods emerges clearly in Memphis Natural Gas Co. v. Stone, 335 U. S. 80 , 92 L. Ed. 1832 , 68 S.

Kuchan v. Heston

143 B.R. 768 · District Court, W.D. Washington · May 5, 1992

Here, Ruchan clearly does not fit. Private trustees are paid by the bankruptcy court on the basis of the case completed. … Section 586 directs the United States Trustee to “establish, maintain, and supervise a panel of private trustees.”