Case law

Young v. Konz

91 Wash. 2d 532 · Washington Supreme Court · Jan 5, 1979

Rptr. 632 (1974), cited and relied upon by the defendants, is clearly the minority position. … courts *541 as the legislature may establish.

Seattle Times Co. v. County of Benton

99 Wash. 2d 251 · Washington Supreme Court · Apr 7, 1983

Rev. 985 , 1038 n.278 (1975) (article favoring establishment of a nonintervention policy). … Abuse of discretion is shown only if the discretion has been exercised upon a ground, or to an extent, "clearly untenable or manifestly unreasonable." Friedlander v.

League of Education Voters v. State

176 Wash. 2d 808 · Washington Supreme Court · Feb 28, 2013

They choose not to and, as is further explained below, were aware of other states’ constitutional provisions in existence at the time that more clearly establish a simple majority vote as á ceiling. … The History Surrounding Article II, Section 22 Shows That the Section Simply Establishes a Quorum Requirement ¶77 The majority opinion disregards historical evidence that clearly establishes that the framers intended to create

Baqi v. Campbell

District Court, W.D. Washington · Sep 23, 2021

App’x. 708, 710 (9th Cir. 2007) (“inmates have no clearly 13 established right to a hearing prior to being released to community custody in lieu of 14 earned release time”); Dailey v. Washington, No. … Qualified Immunity 8 Defendants also contend that they are shielded from claims for damages by 9 qualified immunity. Dkt. 28 at 16–17.

Prostov v. Department of Licensing

186 Wash. App. 795 · Court of Appeals of Washington · Apr 6, 2015

Laurie Provoe’s uncontested testimony established that a paper application to renew a driver’s license is not required. … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought. RCW 4.84.350(1).

State v. JN

64 Wash. App. 112 · Court of Appeals of Washington · Feb 3, 1992

and convincingly support the conclusion that a disposition within the range ... would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient. … NOTES [1] J.N. argues that there is no showing that Bernhardt and Kahn are qualified to render an opinion on J.N.'s risk of reoffending.

El Centro de la Raza v. State

428 P.3d 1143 · Washington Supreme Court · Oct 25, 2018

That last attribute renders charter schools at odds with an established core characteristic of our general education public school system-local accountability-and results in nonuniformity. … In stating that "the dissent would hold that all public schools must be identical to common schools in order to satisfy uniformity," lead opinion at 1150, the lead opinion clearly misreads the dissent.

Puget Sound Machinery Depot v. United States Shipping Board Emergency Fleet Corp.

293 F. 768 · District Court, W.D. Washington · Nov 23, 1923

quash the service of summons and dismiss, upon the ground that the defendant is not doing business in this state, and was not at the time of service of summons, and upon the further ground that the persons served were not qualified … While the exact point in controversy does not appear to have been decided, it is clearly implied from the decision of the Supreme Court of the United States, in Sloan Shipyards Corporation et al. v.

Wise v. United States Department of Justice

District Court, W.D. Washington · Jun 25, 2025

The Court may issue a TRO without notice to the adverse 22 party only if “specific facts in an affidavit or a verified complaint clearly show … But “[i]t is well settled that judges are generally immune from 3 suit for money damages.” Lund v. Cowan, 5 F.4th 964, 970 (9th Cir. 2021).

State v. Churchill

52 Wash. 210 · Washington Supreme Court · Mar 19, 1909

established the fact that at the time of the killing the deceased had made an attack on the appellant, and that he had struck at him or struck him. … Human life in this state has not become so cheap that it can be taken and the party so taking it obtain immunity on the plea of self-defense, where the facts and circumstances surrounding the killing do not show that the

Rossmiller v. Rossmiller

48 P.3d 377 · 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. … I was hopeful that, with counseling, the relationship between Petitioner and Respondent would improve so as to qualify for joint custody.

Garey v. Washington State University

District Court, E.D. Washington · Oct 18, 2023

The State bears the burden of establishing immunity. ITSI TV 13 Prods., Inc. v. Agric. … immunity 5 doctrine and the public immunity doctrine are different.

State v. Ralph Williams' North West Chrysler Plymouth, Inc.

87 Wash. 2d 298 · Washington Supreme Court · Jul 22, 1976

All of this evidence clearly established that North West and RWI were part of a single financial entity owned, managed, and controlled by Williams. As we have indicated, appellants appealed the trial court judgment. … The record clearly establishes systematic and extensive deceptive sales practices. Appellants did not terminate these practices until after respondent filed its suit.

Puget Sound Power & Light Co. v. City of Seattle

271 F. 958 · District Court, W.D. Washington · Apr 23, 1921

The effect of this is to hold that the law court which rendered the judgment was as well qualified to perform the necessary function as a court of equity; that the law court through its sheriff or marshal is as well qualified … Ed. 500 ), has no application, as shown by the following syllabus: “In this case, it not being clearly established that the wife assented to the agreement for the sale of her real estate of which a specific performance is

Dukich v. Blair

3 F.2d 302 · District Court, E.D. Washington · Jan 19, 1925

Such a method is neither suitable nor appropriate to the nature of such a ease, and is clearly not sanctioned by established usages or customs, either in this or in the mother country. … The meaning is that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society.

In Re Utility Local Imp. Dist.

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 … (Italics ours.) [1] 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

Gentry v. Sinclair

576 F. Supp. 2d 1130 · District Court, W.D. Washington · Sep 15, 2008

In this proceeding, Gentry has not shown how this decision is contrary to, or an unreasonable application of clearly established federal law. … of, clearly established federal law.

Woods v. Bailet

116 Wash. App. 658 · Court of Appeals of Washington · Apr 21, 2003

RCW 4.96.010(1) waives sovereign immunity for all local governmental entities. … A public health authority established by a municipality for the purpose of providing free or low-cost health care clearly falls within that definition.

Elliott v. Peterson

92 Wash. 2d 586 · Washington Supreme Court · Sep 13, 1979

The legislature has clearly provided for certain exceptions to the limitations periods set forth in the chapter. … Ry., supra, or it may take the form of a positive rule of law such as statutory immunity, which prevents a person from exercising his *594 or her legal remedy against another for a period of time. Seamans v.

State v. Territory of Alaska

175 Wash. 115 · Washington Supreme Court · Nov 10, 1933

Stockman was, in Alaska, duly and regularly appointed as administrator of the estate, qualified, and has been the qualified and acting administrator in Alaska at all times since. … That the American courts have not followed the English rule, is quite clearly demonstrated by the language of Judge Cardozo in In re Melrose Avenue, 234 N. Y. 48 , 136 N. E. 235 , 23 A. L.