Case law

State v. Kelly

102 Wash. 2d 188 · Washington Supreme Court · Jun 28, 1984

Where the psychologist is qualified to testify about the battered woman syndrome, and the defendant establishes her identity as a battered woman, expert testimony on the battered woman syndrome is admissible. … Any circumstance is relevant which reasonably tends to establish the theory of a party or to qualify or disprove the testimony of his adversary. State v. Demos, 94 Wn.2d 733, 736 , 619 P.2d 968 (1980).

Yakima Indian Nation v. Whiteside

617 F. Supp. 750 · District Court, E.D. Washington · Sep 11, 1985

Among other things, it establishes a requirement for building permits, minimum lot sizes, authorizes the establishment of Planned Development Districts, provides for Special Use Permits and creates five categories of Use … This court must also reject the Tribe’s argument as the County’s decision is not “clearly erroneous.”

Graham v. Notti

147 Wash. App. 629 · Court of Appeals of Washington · Dec 2, 2008

And Jolee Wilke is clearly not a “City resident.” CP at 41, 124. … statute governing disposition of lost property in the hands of a governmental entity, a closely analogous context to the animal shelter’s possession of Harlee, provides: If the property is not returned to a person validly establishing

Washington State Liquor Control Board v. Washington State Personnel Board

88 Wash. 2d 368 · Washington Supreme Court · Mar 10, 1977

The source of a state agency's rights, powers, duties, and privileges and immunities is statutory. … All acts or parts of acts, whether special or comprehensive in nature, which are inconsistent with the provisions of this chapter, whether in the review procedures which they establish or otherwise, are hereby repealed, but

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.

Glaser v. Connell

47 Wash. 2d 622 · Washington Supreme Court · Oct 27, 1955

Appellant recognizes that, in order to sustain his claim as a holder in due course, he must establish the corporate endorsement as a fact. … A holder in due course of negotiable paper enjoys certain privileges and immunities which the transferee of an unendorsed order instrument does not have.

Ballou v. McElvain

District Court, W.D. Washington · Apr 17, 2020

immunity. … McElvain’s Motion for Summary Judgment on Ballou’s Fourteenth and First Amendment 1 claims, and for qualified immunity, is DENIED.

Hsieh v. Civil Service Commission of Seattle

79 Wash. 2d 529 · Washington Supreme Court · Aug 26, 1971

Clearly, the federal scheme for immigration is intended to and does regulate alien employment to some extent. … But with respect to other rights, privileges, immunities and duties, the legislative power may recognize distinctions between alien and citizen.

W.R. Grace & Co. v. Department of Revenue

137 Wash. 2d 580 · Washington Supreme Court · Apr 1, 1999

established preexisting state remedy. … Section 3’s limitation of remedy is after the fact; it overlays these preexisting remedial statutes and clearly offends the “bait and switch” doctrine set forth in Reich and its progeny.

Delaney v. Spokane County Board of Commissioners

161 Wash. 2d 249 · Washington Supreme Court · Aug 16, 2007

“There is a clearly demonstrated need for at least one additional judge in the Spokane County District Court. . . . The county legislative authority wants the new position to be created and has agreed to pay for it. … However, we qualified this holding with the recognition that any judicial positions created after January 1, 1992, would be subject to the requirements of RCW 3.34.020 and .025. Id.

State v. Sims

59 Wash. App. 127 · Court of Appeals of Washington · Sep 10, 1990

As we said in Smith at 598, Under these circumstances, courts have held that the information is immune from attack unless so obviously defective as not to charge the offense by any reasonable construction. … To summarize, the information here followed the language of the statute which clearly defined a crime.

Jones v. State of Washington Department of Employment Security

District Court, W.D. Washington · Feb 12, 2025

proper vehicle for invoking sovereign immunity from suit.” … Cal. 2009). 10 Here, Plaintiff’s complaint fails to identify facts establishing that his exercise of FMLA 11 leave constituted a negative factor in an adverse employment decision.

Babcock v. Mason County Fire Dist. No. 6

5 P.3d 750 · Court of Appeals of Washington · Aug 4, 2000

PUBLIC DUTY DOCTRINE RCW 4.96.010, which abolished sovereign immunity, is qualified by the public duty doctrine. Smith v. State, 59 Wash.App. 808, 812 , 802 P.2d 133 (1990). … Rather, the statement was clearly made to advance a primary public duty of the District — to protect human life. RCW 52.02.020; UNIFORM FIRE CODE, § 104.1 (1997).

Talley v. Fournier

3 Wash. App. 808 · Court of Appeals of Washington · Dec 14, 1970

(Here he clearly had the necessary qualifications because of his experience in accident investigation and his knowledge of driving conditions at the scene and time of the accident.) … He is charged by law and conscience with the fundamental duty of seeing that truth is established and justice done, under the statutes and rules of law.

Blakely v. Kato

District Court, E.D. Washington · Nov 22, 2019

The Court may, therefore, dismiss a claim as 3 frivolous where it is based on an indisputably meritless legal theory or where the 4 factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Section 1983 requires a claimant to 3 prove (1) a person acting under color of state law (2) committed an act that deprived 4 the claimant of some right, privilege, or immunity protected by the Constitution or 5 laws

In re Custody of S.M.

444 P.3d 637 · Court of Appeals of Washington · Jul 1, 2019

The superior court found that Milton failed to establish adequate cause for a hearing on the petition. … Since RCW 26.10.190 clearly contemplates that a parent may seek to modify a *338 nonparental custody order, due process requires that he or she be given a meaningful opportunity to do so.

Millican v. N.A. Degerstrom, Inc.

177 Wash. App. 881 · Court of Appeals of Washington · Nov 15, 2013

It found no evidence creating a genuine issue of fact that she was dependent on her son for support qualifying her as a beneficiary under RCW 4.20.020. … Lafayette and Degerstrom, for any WISHA violation established by the evidence, it is irrelevant. ¶29 Degerstrom nonetheless argues that our decision should turn on the statement in the penultimate paragraph *896 of Stute

Robinson v. Pierce County Superior Court

District Court, W.D. Washington · Sep 3, 2024

Presiding over a hearing in a criminal case is a judicial act which clearly falls 3 within the scope of a judicial officer’s duties, and Court Commissioner McInvaille is immune 4 from this lawsuit. … In addition, it is well established that, 11 under the Eleventh Amendment, a nonconsenting state is immune from suits brought in federal 12 courts by its own citizens. See Edelman v.

Hoexter v. Judson

21 Wash. 646 · Washington Supreme Court · Dec 14, 1899

A county is thus merely a part of the state government, and, being so, it partakes of the state’s immunity from liability, and is not liable at common law for the tortious acts of its officers or agents, whether committed … On the contrary, the right to sue a county is a privilege granted by statute, which must he accepted with the conditions imposed on its exercise, and, unless the statute itself clearly points out exceptions to the prescribed

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