Case law

Seattle Professional Engineering Employees Ass'n v. Boeing Co.

92 Wash. App. 214 · Court of Appeals of Washington · Aug 31, 1998

. . . yield to what the legislature has established as the law.” … Thus, the qualified employees should have been compensated for the time spent at orientation at the agreed-upon rate as contained in their employment agreement because orientation was work and the qualified plaintiffs were

In re the Detention of Elmore

134 Wash. App. 402 · Court of Appeals of Washington · Aug 8, 2006

We use the statute’s current version to resolve this case because it expresses the legislature’s intent more clearly and completely. See State v. … The legislature clearly stated that only a change in the underlying mental condition, not a change in a demographic factor, could be a basis for a new trial under RCW 71.09.090(3). RCW 71.09.090(4). III. Rejecting Dr.

In re Recall of Weyrich

3 Wash. 3d 614 · Washington Supreme Court · Aug 29, 2024

However, the record is deficient of any facts establishing a conflict here. … Thus, Hart does not establish a criminal violation of the law.

Wild Fish Conservancy v. Dep't of Fish & Wildlife

Washington Supreme Court · Jan 13, 2022

The WFC asks us to find that WDFW clearly erred by not establishing a “no action” or “no operations” scenario as its environmental baseline. … The discovery of one fish with sea lice does not refute WDFW’s findings based on scientific data nor does it establish the agency’s conclusion was clearly erroneous.

Carter v. Gregoire

672 F. Supp. 2d 1146 · District Court, W.D. Washington · Aug 12, 2009

Medicaid Medicaid was established in 1965 in Title XIX of the Social Security Act, 79 Stat. 343 , as amended, 42 U.S.C. § 1396 , et seq. … For the purposes of this motion, the Court finds that Plaintiffs have failed to establish that they are likely to succeed on the merits of this claim.

Gardner v. Loomis Armored Inc.

913 P.2d 377 · Washington Supreme Court · Apr 4, 1996

Prior judicial decisions may also establish the relevant public policy. … Determining what qualifies as a clear mandate of public policy is a question of law. Dicomes, 113 Wash.2d at 617 , 782 P.2d 1002 .

Dryden Commercial Club v. Department of Public Works

142 Wash. 317 · Washington Supreme Court · Feb 10, 1927

Ordinarily, a railway company may be expected through self interest to establish and maintain them at any point where the proper circumstances combine to make such action profitable. … These observations make it apparent that only a consideration of all the evidence by a tribunal qualified through experience to determine these questions can properly protect the interests of the public as well as the railroad

Prince v. Saginaw Logging Co.

197 Wash. 4 · Washington Supreme Court · Nov 18, 1938

immunity from the possible result of an imaginable action. … The rule is clearly and comprehensively stated in Isham v.

State v. Brewczynski

173 Wash. App. 541 · Court of Appeals of Washington · Feb 14, 2013

This error may be harmless if other instructions clearly limit the crime to the charged alternative. Severns, 13 Wn.2d at 549 ; Chino, 117 Wn. App. at 540 . … As established above, this is a factual issue that is within the trial court’s discretion. Id. at 890 .

Ewalan v. Schreiber

District Court, W.D. Washington · Apr 16, 2024

immunity. … To avoid confusing the jury, the court 10 also intends to remove any and all references to qualified immunity from the preliminary 11 instructions. (See 4/11/24 Order at App’x A.)

State v. Rich

Washington Supreme Court · Jan 7, 2016

Rich cites Justice Scalia's concurrence in that case, which concluded that drunk driving does not clearly present a serious risk of injury to another within the statute's meaning. ! … The record clearly reveals more than proof of only DUI or only speeding. Evidence also showed that Rich knew that the legal blood alcohol limit in Washington is 0.08. 2 RP at 194.

State v. Yates

168 P.3d 359 · Washington Supreme Court · Sep 27, 2007

Thus, even if Yates could establish that the trial court erroneously denied his motions to excuse these four jurors for cause, he would be unable to establish a constitutional violation. c. … Yates argues, first, that Everson's practical experience was insufficient to qualify her as an expert.

State v. Elliott

68 Wash. 603 · Washington Supreme Court · Jun 1, 1912

e let the machine go upon the strength of his faith in the securities, but as often qualified his testimony by saying that it was also upon his faith in the identity of the party. … The gist of the offense lies in establishing the name, and the pretenses and tokens used to establish credit for the name are *607 but incidents.

State v. Hughes

106 Wash. 2d 176 · Washington Supreme Court · Jun 19, 1986

The logical converse of the proposition that death-qualified jurors are conviction prone is that non-death-qualified jurors are acquittal prone, not that they are neutral. … The defense commented on this as an example of what it claimed was the detective's inability to think clearly after the shooting. We perceive no prejudice to the defendant in this.

Peralta v. State

Washington Supreme Court · Feb 16, 2017

Otherwise, her admission to being under the influence was conclusively established unless she moved to amend or withdraw her admission. Peralta neither qualified nor moved to withdraw or amend her admission. A. … true and qualify or deny the remainder."

In RE DETENTION OF ELMORE v. State

139 P.3d 1140 · Court of Appeals of Washington · Aug 8, 2006

We use the statute's current version to resolve this case because it expresses the legislature's intent more clearly and completely. See State v. … The legislature clearly stated that only a change in the underlying mental condition, not a change in a demographic factor, could be a basis for a new trial under RCW 71.09.090(3). RCW 71.09.090(4). III. REJECTING DR.

State v. Smith

85 Wash. 2d 840 · Washington Supreme Court · Sep 25, 1975

The chief question in establishing a foundation for the tape relates to authenticity and accuracy. We believe the tape’s authenticity was sufficiently established. … We conclude that the authenticity of the tape was established, that the tape was properly qualified, and was admissible.

Arnold v. Department of Retirement Systems

128 Wash. 2d 765 · Washington Supreme Court · Mar 7, 1996

I, § 12, the privileges and immunities clause; and the due process clauses of the federal constitution contained in the Fifth and Fourteenth Amendments. DRS moved for dismissal of Ms. … The Legislature may establish the class of beneficiaries for a statutory death or survivor-ship benefit, notwithstanding community property principles.

Washington Trust Co. v. Keyes

79 Wash. 61 · Washington Supreme Court · Mar 28, 1914

agreement asserted would have absolutely annulled the note at its inception, and, in each, the effort was made to defeat payment of the note by proof of a collateral, parol agreement, either relieving the maker from or qualifying … Being admissible, parol proof of its original contents, with an explanation of its accidental mutilation, would have been clearly admissible as between those parties.

Johnson v. State

164 Wash. App. 740 · Court of Appeals of Washington · Nov 8, 2011

Babcock II, 144 Wn.2d at 789, 791 . ¶23 Johnson “concedes that... he cannot qualify for the ‘special relationship’ exception to the public duty doctrine.” Br. of Appellant at 16. … And, because we affirm on grounds the superior court did address, we need not address causation on appeal. 10 Stated differently, “ ‘It is only where a direct inquiry is made by an individual and incorrect information is clearly