Case law

Nelson v. McClatchy Newspapers, Inc.

931 P.2d 870 · Washington Supreme Court · Feb 20, 1997

The court concluded because the state law deprived the paper of its editorial discretion, it was necessarily unconstitutional as applied to the newspaper. [14] Thus, Miami Herald clearly establishes that editorial control … Since this right is established by the statute we need not consider whether it is also established by the state constitution.

Pierce County ex rel. Bellingham v. Duffy

104 Wash. 426 · Washington Supreme Court · Dec 13, 1918

Taylor, all of whom were shown to have personally examined the Duffy lands and to be well qualified to testify as to market values generally. … These instructions clearly state the law. They are supported by reason and authority.

Critzer v. Oban

52 Wash. 2d 446 · Washington Supreme Court · May 29, 1958

They changed the corporate name to Oban’s Hatchery, Inc., and qualified it to engage in business in California. … But the facts of the present case, as established by the findings, do not warrant the application of those principles.

Carter v. University of Washington

85 Wash. 2d 391 · Washington Supreme Court · Jun 5, 1975

It is in this reference-frame that the equal privileges and immunities clause of our state constitution should be construed. … Thus, with respect to the poor, employing filing fees as a mechanism for deterring frivolous cases or controlling the workload of the courts is clearly overbroad.

State v. Gaines

90 P.3d 1095 · Court of Appeals of Washington · May 24, 2004

Clearly, this new legislative approach has Michael Gaines' situation in mind. … Any resulting conflict, though indeed political by its very nature, is not thereby immune from judicial review.

In Re Detention of Hawkins

238 P.3d 1175 · Washington Supreme Court · Sep 9, 2010

RCW 71.09.040(1)-(3) provide for a hearing to establish that there is probable cause to believe that a person is an SVP. … But in RCW 71.09.040(4), the description of the examiner, "by a person deemed to be professionally qualified to conduct such an examination," can be modified by the "pursuant" clause because one can deem someone qualified

State v. Gaines

121 Wash. App. 687 · Court of Appeals of Washington · May 24, 2004

Clearly, this new legislative approach has Michael Gaines’ situation in mind. … Any resulting conflict, though indeed political by its very nature, is not thereby immune from judicial review.

Tegman v. Accident & Medical Investigations, Inc.

150 Wash. 2d 102 · Washington Supreme Court · Aug 28, 2003

Nor are the negligent defendants jointly and severally liable under RCW 4.22.030 for any such damages because their liability clearly is determined under RCW 4.22.070. … However, this percentage cannot be used to establish these entities’ share of proportionate fault for nonintentional acts or omissions under RCW 4.22.070.

State v. Law

154 Wash. 2d 85 · Washington Supreme Court · Apr 21, 2005

II Analysis ¶9 For the purposes of our review we first recognize that “our precedent. . . clearly establishes that statutes defining punishment fall within the province of the legislature.” State v. … excessive or clearly too lenient.

Jenkins v. Department of Social & Health Services

171 Wash. 2d 568 · Washington Supreme Court · May 26, 2011

In this case, constitutionally qualified superior court judges held dependency review hearings on July 5, 2007 and November 21, 2007. … We affirm because findings of fact entered at the termination trial may sufficiently establish dependency, but only if, as here, the facts and circumstances clearly demonstrate the omitted finding was actually intended by

L.M. by and Through Dussault v. Hamilton

193 Wash. 2d 113 · Washington Supreme Court · Mar 21, 2019

That literature shows that NFOL can clearly cause BPI, but it does not describe what types of BPI—avulsion, rupture, etc.—this includes. CP at 1842-43. … And that is clearly the case here.

State v. Carothers

9 Wash. App. 691 · Court of Appeals of Washington · Sep 17, 1973

After being granted immunity by a special inquiry judge, Lalak testified that he and Carothers planned to burglarize a house. … The robbery verdict thus had the effect of a special interrogatory which established unanimity as to felony murder.

Gerrard v. Craig

67 Wash. App. 394 · Court of Appeals of Washington · Sep 8, 1992

The mere possibility that subsequent determinations might actually establish, or hypothetically have established, that they were only severally liable does not defeat that right. … In cases of clearly established double fault, there should be no practical difficulty, under RCW 4.22.070, with the requirement that the trier of fact apportion fault, in cases where the claimant is without fault and where

State v. Harris

97 Wash. App. 647 · Court of Appeals of Washington · Oct 4, 1999

The tests established intelligence in the normal range, with reading and math skills at the fourth or fifth grade level. … He clearly understood them. If not, he would not have followed them. He also obtained employment and reported to his CCO when he lost his job, both conditions of his supervision.

Marley v. Department of Labor & Industries

125 Wash. 2d 533 · Washington Supreme Court · Dec 22, 1994

Marley again to tell her that her two children qualified for dependents’ benefits; however, because the Department’s information showed that Mrs. … Whether right or wrong, the Department clearly had the authority to decide whether Mrs. Marley was living in a state of abandonment under RCW 51.08.020.

State Ex Rel. Martin Marietta Aluminum, Inc. v. Woodward

84 Wash. 2d 329 · Washington Supreme Court · Aug 22, 1974

The act provides for two types of hearings on appeals before the Board, informal and formal, but does not clearly delineate the distinction between them. RCW 43.21B.150-.160. … The PCHB members are to be qualified in matters pertaining to the environment. RCW 43.21B.020. Certainly they and their staff acquire additional expertise in performing *333 their statutory duties.

Hector L. Ressy, App. v. State, Doc, Res.

Court of Appeals of Washington · Sep 23, 2013

Assuming without deciding that defendants were not immune from suit,20 this claim fails as a matter of law. … immunity for some or all of the causes of action alleged in the complaint, there is a basis for such immunity in some circumstances for parole or probation officers.

Mukilteo Citizens v. City of Mukilteo

174 Wash. 2d 41 · Washington Supreme Court · Mar 8, 2012

RCW 35.17.260 establishes rules governing initiatives that, when satisfied, require a city to either pass the proposed ordinance without alteration or submit the proposed ordinance to the registered voters. … The proposition then asked the voters to indicate whether they supported, opposed, or had no opinion about annexation. ¶18 When compared with Proposition 2, a clearly marked advisory vote, the city’s contention that Proposition

State ex rel. Coon v. Hay

51 Wash. 576 · Washington Supreme Court · Feb 6, 1909

Section 28 of the direct primary law clearly puts upon the citizen a test of eligibility not contemplated by the people when adopting the constitution. … I therefore conceive it to be entirely clear, that the legislature cannot establish arbitrary exclusions from office, or any general regulation requiring qualifications, which the constitution has not required.”

Time Oil Co. v. Cigna Property & Casualty Insurance

743 F. Supp. 1400 · District Court, W.D. Washington · May 23, 1990

The language used in Central National’s endorsement clearly and unequivocally reflects an intent to exclude cleanup of any and all water. … As a preliminary matter, the Count I defendants argue that Time Oil cannot establish any duty in this case.