Case law

Oliver L. Wuth v. Valley Medical Center And Labcor

189 Wash. App. 660 · Court of Appeals of Washington · Aug 24, 2015

Harding clearly asserted in his pleading that Dr. … London "has never done CVS testing and LabCorp produces no evidence to establish that he is qualified to establish the standard of care for a perinatologist working with genetic counselors....

Hill v. GTE Directories Sales Corp.

71 Wash. App. 132 · Court of Appeals of Washington · Aug 24, 1993

Hill was never able to overcome her initial negative percentage to qualify for incentive pay. … Hill would have qualified for a similar bonus had she been trained and treated equally. As for benefits, Mr.

Pope Res., LP v. Wash. State Dep't of Natural Res.

190 Wash. 2d 744 · Washington Supreme Court · May 24, 2018

The question of who may qualify as an 'operator' under CERCLA is somewhat trickier."). … Hametiaux, The Value of Government Tort Liability: Washington State's Journeyfrom Immunity to Accountability, 30 SEATTLE U.L.

State Of Washington, V William Henry Ellison

Court of Appeals of Washington · Mar 31, 2015

Ellison sang a short religious song and spoke about various topics not clearly related to the sentencing proceeding. … The record establishes that Ellison waived his jury trial rights knowingly, voluntarily, and intelligently and, contrary to the allegation in his SAG, against the advice of counsel. Ellison' s claim fails. B.

Jewels Helping Hands v. Hansen

567 P.3d 19 · Washington Supreme Court · Apr 17, 2025

(holding a city ordinance changing the name of a street was immune from referendum because it was an administrative action). … The Martin Ordinance added several provisions that clearly targeted camping by homeless individuals.

Fleury v. Water District No. 2

53 Wash. 2d 270 · Washington Supreme Court · Dec 18, 1958

hereinafter described as set forth in Resolution No. 2 adopted by the Board of Water Commissioners of the District on the 22nd day of October, 1952, which general comprehensive scheme or plan of water supply was ratified by the qualified … It clearly appears that by stating the nature of the improvement as the word is defined in Webster’s New International Dictionary, supra, it would be difficult for one reading the resolution to misconceive its purpose.

Shelden v. Department of Licensing

68 Wash. App. 681 · Court of Appeals of Washington · Feb 11, 1993

Clearly, the medical facility was providing Shelden with treatment for his injured knee. … The State failed to meet its burden to establish the statutory conditions precedent to requiring a blood test. The order revoking Shelden's driver's license is reversed. Seinfeld, A.C.J., and Morgan, J., concur.

In Re Walton Plywood

227 F. Supp. 319 · District Court, W.D. Washington · Jan 27, 1964

When an otherwise general, contingent, unliquidated claim has been reduced to a judgment establishing liability in a fixed amount, as in the present ease, *326 the judgment, even if superseded pending an appeal, is no more … The issue of reasonable cause to believe insolvency is one of fact and, under General Order 47, this Court must accept the Referee’s Finding thereon “unless clearly erroneous.”

State v. Olsen

180 Wash. 2d 468 · Washington Supreme Court · May 15, 2014

To determine whether a past conviction qualifies, courts use the “categorical approach.” Id. … Ed. 2d 607 (1990) (establishing the categorical and modified categorical approaches to the ACCA).

State v. Great Northern Railway Co.

98 Wash. 197 · Washington Supreme Court · Aug 29, 1917

Section 24 of initiative measure No. 3 is cited as recognizing the immunity of interstate commerce shipments in providing that the act shall not apply to shipments transported by any common carrier in unbroken packages of … Unless such state of facts were established, the seizure was illegal.

State v. Atsbeha

142 Wash. 2d 904 · Washington Supreme Court · Feb 1, 2001

(dissenting) — The issue is whether evidence of brain damage is relevant to establish diminished capacity to form criminal intent. … The Court of Appeals was clearly correct in its finding that Mr.

French v. Pierce County

District Court, W.D. Washington · May 28, 2024

20 and are, therefore, entitled to qualified immunity.” … established law).

State v. Rodriguez

14 P.3d 157 · Court of Appeals of Washington · Dec 14, 2000

There, a witness appeared under a cloak of immunity and testified about her role in the crime before the court, thus clearly implicating her complicity as a principal or accomplice. Here, Mr. … The identity of a party may be established by direct or circumstantial evidence. State v. Danielson, 37 Wash.App. 469, 472 , 681 P.2d 260 (1984).

State v. Griffith

52 Wash. 2d 721 · Washington Supreme Court · Aug 7, 1958

It was established that this rifle was owned by appellant’s uncle. Mr. Donald F. … There was no proper foundation laid to qualify this witness to express an opinion as to the mental condition of the appellant on the day in question.

City of Spokane v. Spokane County

158 Wash. 2d 661 · Washington Supreme Court · Nov 16, 2006

Yet “ ‘the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply to all antecedents instead of only the immediately preceding one.’ ” Berrocal, 155 Wn.2d at 593 (quoting Sehome Park … Therefore, it was not necessary for the District Court to be a party to an agreement establishing a new municipal court and establishing that Spokane municipal criminal cases will be filed in that court. ¶29 In sum, we reverse

In re the Marriage of Rossmiller

112 Wash. App. 304 · Court of Appeals of Washington · Jun 21, 2002

He also argues that the court should have considered all the factors in RCW 26.09.187(3)(a) for establishing a general parenting plan. … This case is the polar opposite of the paradigm contemplated by law. *309 I was hopeful that, with counseling, the relationship between Petitioner and Respondent would improve so as to qualify for joint custody.

Moore v. Kirkman

19 Wash. 605 · Washington Supreme Court · Jul 12, 1898

The will was presented for probate and duly proved and established in the probate department of the superior court. No order was made by the court providing for notice to creditors. … Smith, 62 Tex. 251 , it was held that, where a will is made under the statute, and the executor has qualified as therein required, the estate is withdrawn from the jurisdiction and control of the county court. ...

Doty-Fielding v. Town of South Prairie

143 Wash. App. 559 · Court of Appeals of Washington · Mar 18, 2008

Town of South Prairie, 155 Wn.2d 527 , 120 P.3d 941 (2005), the court affirmed our decision, holding that Doty-Fielding is not subject to the IIA’s exclusive remedy provision and that the IIA does not provide the Town with immunity … “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training

State v. Morales

173 Wash. 2d 560 · Washington Supreme Court · Jan 26, 2012

Such testimony is clearly hearsay because the witness testifies to what the interpreter asserts the other party said.’ ” Huynh, 49 Wn. App. at 203 (quoting State v. Lopez, 29 Wn. … The test will be admissible if the person establishes the general acceptability of the testing technique or method.

Scrivener v. Clark College

181 Wash. 2d 439 · Washington Supreme Court · Sep 18, 2014

Our case law clearly establishes that it is the plaintiff’s burden at trial to prove that discrimination was a substantial factor in an adverse employment action, not the only motivating factor. … It argued that the other candidates were clearly qualified and were the “best fit” for the college and department. These are vague descriptions.