Case law

Sorenson v. Secretary of the Treasury of the United States

557 F. Supp. 729 · District Court, W.D. Washington · Dec 28, 1982

See 5 U.S.C. § 702 (sovereign immunity is not waived if another statute expressly forbids the relief sought). … If Congress wanted these limitations to be applicable to the “transfer” collection method, they would have more clearly demonstrated their intent. See 26 U.S.C. § 6305 .

Maria Barnes, V. Sea Mar Community Health Centers, Et Ano.

Court of Appeals of Washington · Jan 8, 2024

It requires that class counsel be “qualified, experienced, and generally able to conduct the litigation.” Marquardt v. Fein, 25 Wn. App. 651, 656-57, 612 P.2d 378 (1980) (citing Eisen v. … Sea Mar notified HHS of the litigation and sought certification of immunity under the PHSA and FSHCAA. Barnes, 2022 WL 1541927 at *1.

Luther v. Ray

91 Wash. 2d 566 · Washington Supreme Court · Jan 5, 1979

That expression clearly limits the terms of incumbents. … We believe the first sentence of chapter 337, section 2(2) establishes a similar contingency.

Christopher E. Larson, Et Ano, V. New Century Mortgage

Court of Appeals of Washington · Dec 6, 2021

An expired title insurance commitment clearly cannot meet the purpose of an abstract of title under RCW 65.12.085. … This case law does not implicate the privileges and immunities provision of the state constitution.

State v. Schmeck

98 Wash. App. 647 · Court of Appeals of Washington · Dec 28, 1999

Felony violation of a no-contact order, RCW 10.99.050, is an unranked crime without an established sentence range. … Clearly the numerous police reports of threats and other violations of the protection order support the court’s finding that Mr.

Orn v. City of Tacoma

District Court, W.D. Washington · Nov 19, 2020

Qualified Immunity. The defendants allege that Officer Clark is entitled to 13 qualified immunity where he acted reasonably under the totality of the circumstances. 14 5. … The denial of qualified M immunity has been affirmed by the Ninth Circuit.

In re Welfare of A.W.

Washington Supreme Court · Feb 19, 2015

A court can order termination if it finds "[t]hat continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home." … Even so, the trial court found that the appointed guardians were qualified, appropriate, and capable of being A.W. and M.W.'s guardians. T.P. did not contest this finding.

Phillip Edward Sifferman, V. Chelan County

Court of Appeals of Washington · Sep 28, 2021

We agree with DOR that the taxpayers have not satisfied their 18 No. 54514-4-II burden of proving the correct amount of tax that they owe under RCW 82.32.180 to qualify … Because the statute is unambiguous and because tax exemptions must be clearly expressed, we conclude that § 5108 does not apply to the allotted lands in this case.

Nixon v. Post

13 Wash. 181 · Washington Supreme Court · Dec 5, 1895

Post, and being in due form, prima facie established the fact of its regular execution and delivery. … It follows that her testimony must he weighed in their light, and, when thus weighed, we are of the opinion that it did not so clearly establish her allegation, to the effect that she had never executed the deed, as to overcome

Association of Washington Business v. Department of Revenue

155 Wash. 2d 430 · Washington Supreme Court · Sep 22, 2005

The first paragraph clearly grants DOR the authority to adopt rules of procedure, which are not at issue here. … Also, in Coast Pacific we disallowed an export exemption from the state business and occupation tax because it was based on a regulation that attempted to expand tax immunity beyond what the underlying statute and constitution

Ago

Washington Attorney General Reports · Jul 12, 1999

We therefore conclude that state law does not prohibit the hiring of a person aged 18 to 20 in these positions, provided that the person is otherwise fully qualified. … We are able to locate no statute establishing a minimum age for employment as a firefighter or paramedic.

State ex rel. Lindsey v. Derbyshire

79 Wash. 227 · Washington Supreme Court · Apr 25, 1914

Clearly, the act is intended to cover the whole subject of official reporters, and the title so indicates. … In so far as these sections relate to the duties of the official reporter or the certification of the transcript of his notes, they are clearly germane to the title.

Owens v. Harrison

86 P.3d 1266 · 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.

Barnes v. Packwood

10 Wash. 50 · Washington Supreme Court · Nov 10, 1894

The general rule laid down by the text writers is that parol evidence is not admissible to contradict, qualify, extend or vary written instruments, but that their interpretation must depend upon their own terms. … In all such cases if the mistake is clearly made out by proofs entirely satisfactory, equity will reform the contract so as to make it conformable to the precise intent of the parties.

Benedict v. Schmieg

36 L.R.A. 703 · Washington Supreme Court · Jan 13, 1896

The appellant cites a large number of cases tending to establish the rule that presentment to each of the makers is necessary. … Clark, supra; but an examination will show that the language relied upon was qualified and was only used by way of argument upon a point not necessary to the decision of the case.

DeLisle v. FMC Corporation

57 Wash. App. 79 · Court of Appeals of Washington · Feb 26, 1990

We find absolutely no basis for deviating from established summary judgment rules in employment discrimination cases. … The alleged discrimination is in selecting Watkins over deLisle when, "but for" his age, deLisle was the better qualified candidate.

McManis v. Lloyd

108 Wash. 307 · Washington Supreme Court · Aug 20, 1919

Rice was his duly *309 appointed, qualified and acting guardian. At the time lie began to room and board with bis sister, the deceased was a bachelor, approximately forty years of age. … As above indicated, since the evidence clearly and convincingly establishes a just claim for nursing, based upon an understanding with the guardian, its allowance by the trial court is approved.

In re the Guardianship of the Estate of Bayer

111 Wash. 276 · Washington Supreme Court · Jun 8, 1920

While it establishes, in our opinion, the fact that she is not insane in the sense that she requires confinement, or requires the supervision of a guardian over her person, we think it falls far short of establishing that … Bayer; clearly demonstrating, as we view it, incompetency on her part to bargain in her own interests. We find nothing in the additional evidence that shows a return of capacity.

Martin v. Goodyear Tire & Rubber Co.

61 P.3d 1196 · Court of Appeals of Washington · Jan 6, 2003

Under these circumstances, Oregon's intention to protect local businesses and manufacturers is not furthered by applying Oregon law to immunize Goodyear from liability. … In those cases, the plaintiff established a relationship with the defective product in the home state.

DaVita, Inc. v. Department of Health

137 Wash. App. 174 · Court of Appeals of Washington · Feb 6, 2007

We overturn an agency’s factual findings only if they are clearly erroneous. Port of Seattle v. Pollution Control Hearings Bd,, 151 Wn.2d 568, 588 , 90 P.3d 659 (2004). … And an “[o]rder” is a “written statement... that finally determines the legal rights, duties, privileges, immunities, or other legal interests of a specific person or persons.”