Case law

Dickinson v. Edwards

105 Wash. 2d 457 · Washington Supreme Court · Mar 27, 1986

Where there "is no statutory sanction for the absolute rule of immunity" and the reasons for granting immunity are wanting, "[t]he true role of the legislature ... is to restrict liability if it chooses to do so ..." … However, these guidelines are so vague and disorganized that no employer or commercial establishment can accurately determine what actions qualify as "reasonable".

Timmons v. Morris

271 F. 721 · District Court, W.D. Washington · Feb 14, 1921

It again clearly appears, in the latter case, that the Barber Law -was only upheld as a health measure, and that the Plumbing Law was held unconstitutional because not a health measure, for the court quoted from its plumbing … Excellent 8.” (4) Has studied the trade for two' This provision of the law was held years as an apprentice under or as a unconstitutional by the state court, qualified and practicing barber in this that court saying: “The

Pacific Northwest Shooting Park Ass'n v. City of Sequim

158 Wash. 2d 342 · Washington Supreme Court · Oct 12, 2006

PNSPA’s complaint clearly states that gun collectors, dealers, and buyers were invited to “sell, trade and buy” the firearms. 5 CP at 80. … The dissent fails to explain how a sale qualifies as an exhibition.

Hicks v. Dotson

73 F. Supp. 3d 1296 · District Court, E.D. Washington · Dec 22, 2014

To establish a § 1983 claim, a claimant must prove “(1) that a person acting under color of state law committed the conduct at issue, and (2) that the conduct deprived the claimant of some right, privilege, or immunity protected … Court therefore turns its attention to whether Defendant committed an act or participated in an act that deprived Plaintiff of some right, privilege, or immunity.

Martin v. Aleinikoff

63 Wash. 2d 842 · Washington Supreme Court · Feb 20, 1964

The legislature clearly states that its purpose in passing the statute was to prohibit "discriminatory practices by which fair and honest competition is destroyed." … Thus, only the final and conjunctive adverbial clause logically, and in keeping with the primary purpose of the act, modifies or qualifies the preceding disjunctive infinitive clauses.

Wroten v. Robbins

103 Wash. 393 · Washington Supreme Court · Aug 19, 1918

These are matters with which the trial court, by reason of his knowledge of the extent and nature of the services, was peculiarly qualified to deal, and we find nothing in the record which warrants us in disturbing his judgment … Hickey, 94 Wash. 370 , 162 Pac. 564 , and which is as follows: “Any agreement or' stipulation which clearly shows that it is the intention of the parties that the right to a lien shall be waived is sufficient to accomplish

State v. Boulet

5 Wash. 2d 654 · Washington Supreme Court · Oct 16, 1940

The challenge that the venue was not established is without merit. … Substantial evidence on behalf of the state clearly established appellant’s guilt.

Robinson

District Court, W.D. Washington · Jul 30, 2026

In particular, Defendants argue Plaintiff fails to state a claim under the Eighth 19 and Fourteenth Amendments, that they are entitled to qualified immunity, and that Plaintiff fails 20 to allege sufficient personal participation … a claim for other reasons, it is unnecessary to address Defendants’ 24 alternative argument for dismissal on qualified immunity grounds.

VEHICLE/VESSEL LLC, DRA v. Whitman County

95 P.3d 394 · Court of Appeals of Washington · Aug 3, 2004

who is qualified and was chosen through the open competitive process. … Clearly Mr. Antoni knew the procedures for appointment of a successor subagent. His letter of intent refers to the DOL's guidelines and contract assignment terms. Mr.

State v. Grover

55 Wash. App. 923 · Court of Appeals of Washington · Oct 23, 1989

Carlanne Gardner testified under a grant of immunity after shé was arrested on a material witness warrant. … James Parker also testified under a grant of immunity after he was arrested on a material witness warrant.

In Re O'brien's Estate

13 Wash. 2d 581 · Washington Supreme Court · May 18, 1942

Some courts have gone so far as to hold that the administrator of an estate, who has been appointed and has qualified and assumed the duties of his office, cannot contest a will of his decedent presented for probate subsequent … It is a clearly defined statutory rule, judicially administered. In each case, the executor is allowed the amount which the probate court finds, and adjudges to be, the reasonable value of his services.

Washington National Bank v. Smith

15 Wash. 160 · Washington Supreme Court · Jul 13, 1896

The policies of insurance under these circumstances would have been for the sole benefit of the mortgagors, excepting in so far as they were qualified- by the statements indorsed thereon that the loss, if any, should be payable … Even if the claim of the appellant that it was in fact intended both by the insurance companies and *167 by herself that the insurance should be" for her exclusive benefit was clearly established, it would not thereby be

State v. Towessnute

89 Wash. 478 · Washington Supreme Court · Feb 4, 1916

The .old locations were his before the treaties; by that convention he admitted the white man, but the white man got only what the Indian clearly conceded. … The first decision establishes a repeal of an Indian treaty even by implication rather than that a state be crippled in its police power.

Armantrout v. Carlson

141 Wash. App. 716 · Court of Appeals of Washington · Nov 13, 2007

Rafferty, financial dependence was established based on the “pecuniary loss” the parents suffered at the death of their daughter, who did not pay rent, but “contributed to the expenses of the household.” 41 ¶36 Moreover, … Thus, as in Wash *731 ington, to qualify under the statute, a surviving parent must be substantially, financially dependent on the decedent for support. Id. at 1448 . See Schumacher, 107 Wn.

Ellingson v. American Mail Line, Ltd.

35 Wash. 2d 129 · Washington Supreme Court · Nov 16, 1949

Serious issues affecting the immunity of Government vessels in foreign ports as well as immunity from regulation and taxation by local governments would needlessly be raised. … At the same time, the court acknowledged that, once that relationship is established, the state court has the final say as to whether tort liability attaches.

Brower v. Johnson

56 Wash. 2d 321 · Washington Supreme Court · Jun 9, 1960

Concededly, we have announced a rule somewhat qualifying the view expressed by the Montana court, holding that an independent agreement for the distribution of the profits of an illegal business, made after the basic agreement … We have no hesitancy in holding that, if the appellant’s testimony respecting the pinball machine operation engaged in by the Grays Harbor Amusement Company is true, then the business of that partnership is clearly illegal

State ex rel. Tacoma School District No. 10 v. Clausen

126 Wash. 90 · Washington Supreme Court · Aug 14, 1923

Clausen is the duly elected, qualified and acting auditor; and that the duly elected, qualified and acting school board of relator, acting-as such, at a meeting duly and regularly held on March 14, 1923, pursuant to notice … given, duly and regularly adopted a resolution by which it was determined to borrow money and issue negotiable serial bonds of the school district in the sum of $2,400,000, for the purpose of establishing an intermediate

Tahoma Audubon Society v. PARK JUNCTION

116 P.3d 1046 · Court of Appeals of Washington · Aug 3, 2005

In the DEIS, PALS concluded that the conference center qualified as a "critical facility" under the PCC: PCPALS [Pierce County Planning and Land Services] has determined that the conference center qualifies as a critical … load of 300 or more without a legitimate stage," the conference center qualifies as a Group A occupancy.

State v. Thomas

135 Wash. App. 474 · Court of Appeals of Washington · Sep 18, 2006

Ross is controlling precedent and clearly provides that under these circumstances, Thomas waived his right to challenge the comparability of his California conviction for receiving stolen property. … The issue in Ortega was whether a prior Texas conviction for second degree indecency with a child was comparable to a qualifying Washington “strike” offense that required the child victim be under 12 years old.

Biggers v. City of Bainbridge Island

162 Wash. 2d 683 · Washington Supreme Court · Oct 11, 2007

The GMA Does Not Establish a Local Moratorium Power over Shorelines ¶42 The GMA does not displace the SMA as the framework for statewide shoreline regulation. … that qualifies for the award of attorney fees and costs.