Case law

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.

Goldstine v. FedEx Freight, Inc.

District Court, W.D. Washington · Oct 24, 2019

Under the 9 regulations (Federal Motor Carrier Safety Act; “FMCSA”) which govern the industry, drivers 10 must be medically qualified to drive, which they establish by periodic physical examination. 11 Interestingly … Plaintiff clearly believes that he informed the examining physician about his physical 8 limitations; Defendant just as clearly believes that (prior to a later physical in June) Plaintiff had 9 not advised the examiner

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.

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

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.

Matejka v. Blue Origin Enterprises LP

District Court, W.D. Washington · Jun 9, 2025

In analyzing qualified immunity, federal courts employ a two-prong analysis: whether the 5 facts show the state actor’s “conduct violated a constitutional right” and “whether the right was 6 clearly established” at the … Plaintiff can show neither prong. 10 To determine the second prong of the qualified immunity test, whether a right is clearly 11 established, “the reviewing court must consider whether a reasonable

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 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.

Dean v. Group Health Cooperative of Puget Sound

62 Wash. App. 829 · Court of Appeals of Washington · Sep 16, 1991

Appellant has also failed to establish error in the court's ruling on juror bias and misconduct. … A direct pecuniary interest can be established if the juror is paying his or her own premiums.

Lincoln v. New York Life Insurance

192 Wash. 507 · Washington Supreme Court · Dec 7, 1937

. *510 Appellant’s sole contention is that the evidence is insufficient to establish total disability of the respondent during the period in litigation as the term “total disability” is defined in the policy. … It clearly appears that, if the respondent had qualified himself for office work, his physical condition is such that the hours of confinement necessary to the performance of clerical work would result in fatigue that would

Department of Labor & Industries v. Lyons Enterprises, Inc.

186 Wash. App. 518 · Court of Appeals of Washington · Feb 3, 2015

Because the franchisees do not satisfy subpart (3), they do not qualify for the statutory exception. ¶34 Subpart (3) requires that the contractor be “customarily engaged in an independently established trade, occupation, … There appears to be no dispute that Lyons is qualified.

Farris v. Munro

99 Wash. 2d 326 · Washington Supreme Court · Apr 21, 1983

This case involves a challenge to the recently established state lottery. … In response to the inquiries of several senators, Senator Walgren described the measure as requiring 60 percent approval of any initiative or referendum establishing a lottery.

Williamson Investment Co. v. Williamson

96 Wash. 529 · Washington Supreme Court · May 29, 1917

“The power to convert real estate into money against the will of the owner, is an extraordinary and dangerous power, and ought never to be exercised unless the necessity therefor is clearly established.” Vesper v. … In the light of the foregoing well established principles, has this burden been adequately met?

Mott v. McDonald

147 Wash. 106 · Washington Supreme Court · Mar 19, 1928

McDonald qualified as such executor, and the respondents presented to him a demand for the unpaid notes and a demand for the cancellation of the mortgage given to secure them. … His memorandum opinion is brought up with the record, and in it he especially states that the evidence clearly establishes the subsequent oral agreement, and clearly establishes that the respondents performed the agreement

Johnston v. Williams

District Court, W.D. Washington · Aug 15, 2025

Determining frivolousness is a matter of discretion, and a finding of legal 4 frivolousness is appropriate where a complaint asserts claims against individuals who are clearly 5 immune from suit and/or alleges the violation … Neither a state nor its 18 agencies qualify as “persons” that can be sued under § 1983. See Will v. Mich. Dep’t of State 19 Police, 491 U.S. 58, 71 (1989).

State v. Work

75 Wash. 2d 204 · Washington Supreme Court · Jan 9, 1969

Where this resolution requires, or where special authority granted pursuant to this resolution requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding ‘and enclosed on … The zoning ordinance clearly prohibits a discarded school bus being turned into living quarters and immobilized, but it does not prohibit defendant’s dwelling unit upon the land owned by her.

Aberdeen Savings & Loan Ass'n v. Chase

157 Wash. 351 · Washington Supreme Court · Jun 12, 1930

Its language is prohibitory; but every prohibition implies the existence of rights and immunities, prominent among which is an immunity from inequality of legal protection, either for life, liberty, or property. ’ ’ In the … Assuming, without deciding, that the result of a decision that the section providing for the levy of a tax against the net income of national banking associations was void would simply be the deletion of the section of the act establishing

Andrus v. Church

117 Wash. 627 · Washington Supreme Court · Nov 29, 1921

It appeared quite clearly from the testimony that the respondent was incapable of handling the situation that she then had to deal with, although she may have been successful in teaching elsewhere, that the discipline of … A. 317, we held that, in a controversy between a teacher and a district board, a member of the board who has expressed hostility toward the teacher and has become a partisan is not qualified to sit in judgment.