Case law

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.

Lesamiz v. Lawyers Title Insurance

51 Wash. 2d 835 · Washington Supreme Court · Mar 6, 1958

The word is neither qualified nor limited. … However, as previously stated, the appellant did not disclose these facts to the respondent’s agent; therefore, when Biles-Coleman Lumber Company instituted its action against the appellant, the action was one clearly within

City of Tacoma v. William Rogers Co.

148 Wash. 2d 169 · Washington Supreme Court · Dec 19, 2002

In these cases, the taxpayer clearly had no liability for the payments. Evergreen relies very heavily upon a third case decided by this court interpreting Rule 111, Rho Co. v. … We conclude that Evergreen has failed to establish that it paid its temporary workers pursuant to an agency relationship.

Univ. of Wash. v. City of Seattle

Washington Supreme Court · Jul 20, 2017

UW is clearly a state agency as that term is ordinarily defined. This ordinary meaning of a state agency is in no way undermined by the statutory context at issue. … UW is a state agency in accordance with the plain and ordinary meaning of that term, which is clearly appropriate given the statutory context of RCW 36.70A.103.

J.S. v. Kent School District

District Court, W.D. Washington · Sep 5, 2024

The 4 party asserting jurisdiction has the burden of establishing it. See United States v. … This assertion does not 11 establish that he is a qualified individual with a disability; that the services he was allegedly denied 12 were reasonable accommodations that he needed in order to enjoy meaningful access

Rapp v. Franklin County

District Court, E.D. Washington · Jul 2, 2020

The only case 13 cited by Plaintiff in support of his waiver argument predates the modern standard 14 on qualified immunity. … However, there is no longer a subjective good faith element in a modern 19 qualified immunity defense, Harlow v.

City of Seattle v. Gervasi

144 Wash. 429 · Washington Supreme Court · Jul 27, 1927

Ann. 132 , 1 South. 437 , as follows: “There exists a remarkable consensus of authority that the establishment of a compulsory day of rest in each week is a legitimate exercise of the police power. … The right to dispose of drugs, medicines, and surgical appliances is so clearly a necessity in favor of health and life that it is not suggested that by this exception the vendors of these articles are improperly favored'

Harborview Fellowship v. Inslee

District Court, W.D. Washington · Dec 9, 2020

Chen also moved for qualified immunity. After the Plaintiff 11 clarified that it is only making claims against Dr. Chen in his official capacity, Dr. … Chen 12 acknowledged that a ruling on qualified immunity is not appropriate at this time.) 13 II. DISCUSSION 14 A.

Savlesky v. STATE, WASH. SCH. FOR THE DEAF

136 P.3d 152 · Court of Appeals of Washington · Jun 14, 2006

Clearly, TRI payments may qualify as "salary" for the purposes of the pay parity statute. … That rule provides that qualifying words and phrases refer to the language immediately preceding the qualifier, unless a contrary intention appears in the statute.

American Fruit Growers, Inc. v. Calvert

186 Wash. 29 · Washington Supreme Court · Apr 20, 1936

It would, however, be palpably unjust to permit *36 the representative of a deceased person to nse the adverse party to the extent that it might aid Mm in defeating a claim or in establishing an independent claim in favor … of the estate, and then claim the benefit of the statute when the adverse party sought to qualify or explain his testimony.

State v. Bloomstrom

12 Wash. App. 416 · Court of Appeals of Washington · Dec 31, 1974

Medical testimony established that a forcible rape could account for the damage. Two damning pieces of evidence established the essential elements of the crime. … Defendant urges that even if the complaint by the child might qualify under the excited utterance exception, still the court erred in allowing too many details of the event to be related to the jury.

SEIU 775 v. Department of Social & Health Services

198 Wash. App. 745 · Court of Appeals of Washington · Apr 25, 2017

The court held that this statute qualified as an “other statute” under the PRA. Id. at 262-63. … The court held that this statute also qualified as an “other statute” under the PRA. Id. at 262-63.

Diamond v. Granite Falls School Dist.

70 P.3d 966 · Court of Appeals of Washington · May 14, 2003

By stating only a "preference," not a requirement, Ennes' message clearly did not rule out Sound Energy. VII. … There are other qualified installers. VIII. The District's Arguments: The District makes two additional arguments.

Dobson v. Archibald

Washington Supreme Court · Feb 9, 2023

Qualifying as a Contractor As a threshold matter, we must establish whether Dobson is a contractor. … On balance, we find that these factors weigh in favor of Dobson qualifying as a contractor.

City of Seattle v. Mighty Movers, Inc.

96 P.3d 979 · Washington Supreme Court · Sep 14, 2004

Conclusion Washington follows federal forum analysis and Vincent has established that utility poles are not a traditional public forum. … Unlike those at issue in Vincent, these utility poles qualify as public fora under the unchallenged facts in this record.

Cole v. Webster

103 Wash. 2d 280 · Washington Supreme Court · Dec 26, 1984

The Board's decision clearly required judgment guided by knowledge, prudence and circumspection. … The holding in this case was subsequently qualified in Wallace v.

Columbia Gorge Audubon Society v. Klickitat County

98 Wash. App. 618 · Court of Appeals of Washington · Dec 23, 1999

The limitation period was, however, established by Congress in the Panama Canal Act. This legislation enacts a partial waiver of sovereign immunity. Id., 849 F.2d 951 at 952 . … In Local 1829, the defendant coal company was clearly prejudiced by permitting the tardy intervention of a second union local in an action.

Dedman v. Wash. Personnel Appeals Bd.

98 Wash. App. 471 · Court of Appeals of Washington · Dec 17, 1999

During this time, DOC searched for alternative, permanent jobs for which Dedman was qualified. … Maintenance of the safety and welfare of retarded students clearly is an essential function of a teacher of such students, a function Clarke was unable to perform.

Owens v. Scott Publishing Co.

46 Wash. 2d 666 · Washington Supreme Court · May 26, 1955

Qualified or Conditional Privilege. … Criticism of the acts of public officials may be vehement, or severe, provided the criticism or comment does not impute crime, misconduct, or improper motives, unless the facts clearly warrant such an imputation.

Grace v. Olympia School District

District Court, W.D. Washington · Sep 6, 2019

The Circuit reversed as to 18 Lahmann and Priddy, finding they were entitled to qualified immunity on the question of 19 whether a causal connection existed between their acts or failure to act and the abuse. … established in the record.