Case law

State v. Wilson

100 Wash. App. 44 · Court of Appeals of Washington · Mar 21, 2000

Here, JST is clearly a victim. … Wilson-Farler’s bank records and discover deposits of funds embezzled from the victim in order to establish *52 the victim’s loss. The connection to the embezzlement is established. C.

State v. Newcomb

160 Wash. App. 184 · Court of Appeals of Washington · Feb 17, 2011

“The issue is whether the State has sufficiently countered Defendant’s claim that there are no material disputed facts and that the undisputed material facts do not establish a prima facie case of guilt.” … The State argues persuasively that even if Kredlo had no possessory interest in the easement itself, he had a possessory interest in the improvements he paid for and that these improvements qualify as the “property of another

Paul v. City of Seattle

40 Wash. 294 · Washington Supreme Court · Sep 28, 1905

bonds at par bearing a less rate of interest than four per cent. “(12) That by reason of the services rendered by plaintiff as aforementioned, the defendant was extricated from its then financial straits, its credit was re-established … These two sections clearly show, (1) that a contract, of the kind claimed by the appellant to have have been implied and afterwards ratified, could not be entered into or executed by the city comptroller or finance committee

Parker v. United Airlines, Inc.

32 Wash. App. 722 · Court of Appeals of Washington · Aug 4, 1982

In the case at bar, the trial court's order clearly shows that the parties appeared and that the trial court considered all pleadings, briefs, and affidavits of the parties. … Supreme Court December 17, 1982. 1 After an extensive investigation, United found that Parker had kept for herself money collected as payments for Red Carpet memberships and that she had allowed a number of persons other than qualified

Dinitia Harris, V. Federal Way Public Schools

Court of Appeals of Washington · Feb 28, 2022

WIAA training clearly states to assume [sudden cardiac arrest] in a collapsed and unresponsive athlete with seizure-like activity. i. … WE CONCUR: 6 In other limited liability statutes the legislature has spelled out that immunity applies to both employers and employees.

Ramirez v. Olympic Health Management Systems, Inc.

610 F. Supp. 2d 1266 · District Court, E.D. Washington · Apr 17, 2009

Geddes’ testimony will be helpful to the jury because her testimony speaks clearly and directly to the tangible injury Plaintiff suffered due to Defendant’s allegedly discriminatory treatment — this helps Plaintiff establish … To establish a prima facie discrimination case, a plaintiff must show that 1) she belongs to a protected class; 2) she was qualified for the position; 3) she suffered an adverse employment action; and 4) similarly situated

Ten Bridges LLC v. Midas Mulligan LLC

District Court, W.D. Washington · Apr 20, 2020

10 statements to a court could fall within the purview of the protection of the statute as the 11 Kauzlarich court recognized, the court held that “the filing of lawsuit or the contents of a 12 complaint” did not so qualify … App. 12 2002) (“[W]e will not construe a statute in derogation of the common law absent a clearly 13 expressed legislative intent to do so.”); see also Briscoe v.

State v. Straka

116 Wash. 2d 859 · Washington Supreme Court · May 16, 1991

Clearly (a), (b), and (d) are not implicated. … Sergeant Gullberg is the best qualified person in the state to testify about the technical aspects of the machines.

Taylor v. Washington State Department of Corrections

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

Qualified Immunity 16 Defendants contend Plaintiffs’ § 1983 claims should be dismissed based on qualified 17 immunity. … The Court declines to reach the issue of qualified immunity at this time because 18 Plaintiffs’ claims are insufficiently defined.

State v. Long

104 Wash. 2d 285 · Washington Supreme Court · Aug 22, 1985

However, the right to access to counsel established in Heater is of a constitutional proportion and cannot be affected by the exigencies of such law office hours. … Ct. 792 , 93 A.L.R.2d 733 (1963), which established the indigent's Sixth Amendment right to counsel at the expense of the state.

Visaya v. True

District Court, E.D. Washington · Aug 26, 2025

Defendants Crouch and LaCourse are entitled to 14 quasi-judicial immunity because their actions clearly fall within the gamut of tasks 15 functionally comparable to those performed by judges: as noted above, judges, … Rather, a plaintiff 26 must establish that the municipality had a policy, custom, or practice that 27 motivated the constitutional violation alleged. Gravelet-Blondin v.

Pannell v. Food Services of America

61 Wash. App. 418 · Court of Appeals of Washington · Aug 29, 1991

Tradewell first argues that the sentence containing the words "equally-qualified employees" was misleading. … This was a judgment clearly falling within *448 the trial court's discretion. Tradewell's argument against the award cannot be sustained.

United States v. Ressam

221 F. Supp. 2d 1252 · District Court, W.D. Washington · Aug 15, 2002

Even when the right of access is established, it is a qualified right that can be overcome “by an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve … Rebuttal of the Qualified Right of Access Having concluded that the considerations of experience and logic weigh in favor of public access to the Court’s three protective orders, it is necessary to consider whether the qualified

United States v. Webb

166 F. Supp. 3d 1198 · District Court, W.D. Washington · Feb 24, 2016

Therefore, in dispute is whether Webb’s state conspiracy convictions are serious drug offenses and therefore qualify as predicate offenses under the ACCA. … A divisible statute is one that has multiple alternative elements, effectively establishing several different crimes.

Espinoza v. City of Everett

87 Wash. App. 857 · Court of Appeals of Washington · Sep 8, 1997

Although never clearly explained, the crux of the City’s argument is apparently that the legitimacy of plaintiffs’ claim could not be discerned by inspecting the demand letter. … Although this issue was discussed in the trial court proceedings, the plaintiffs waited until their reply brief to make any argument as to how the City’s immunity could be overcome.

Luther v. National Bank of Commerce

2 Wash. 2d 470 · Washington Supreme Court · Jan 30, 1940

That the defendant duly qualified, and has at all times since May 18, 1938, been and still is the duly appointed, qualified and acting executor of the last will and testament of the said H. P. M. Luther, deceased. … Respondent’s acts come clearly within these rules and definitions.

State v. NB

112 P.3d 579 · Court of Appeals of Washington · May 31, 2005

. ¶ 12 Finally, N.B. contends that the disposition of 126-156 weeks was "clearly excessive" because the evidence established only that he needed two years of treatment. … s request, the court entered an order granting him use immunity for statements made during the predispositional evaluation. See State v. Decker, 68 Wash.App. 246 , 842 P.2d 500 (1992).

Stephen Kerr Eugster v. Washington State Bar Association

198 Wash. App. 758 · Court of Appeals of Washington · May 2, 2017

WSBA dismissed all claims for damages based on GR 12.3 's grant of immunity to the WSBA and its employees. … The Supreme Court qualified its ruling by noting it did not reach the question of whether the doctrine of res judicata foreclosed any portions of the litigation.

Northwest Gas Ass'n v. WASHINGTON UTILITIES & TRANSP. COM'N

168 P.3d 443 · Court of Appeals of Washington · Oct 2, 2007

into account the public interest. ¶ 42 The Pipelines asked the trial court to enjoin the WUTC from disclosing the shapefile data under RCW 42.56.540, which protects public records from disclosure when "examination would clearly … The Legislature's use of the conjunctive "or" clearly indicates their intent that "maintaining" records to mitigate or to respond to terrorist acts is sufficient to qualify that information for the security exemption, even

Tanner Electric Cooperative v. Puget Sound Power & Light

128 Wash. 2d 656 · Washington Supreme Court · Jul 23, 1996

state and federal cases, the majority observes WUTC theoretically could regulate some aspects of Puget’s conduct and years ago did approve the 1966 service area agreement (under RCW 54.48), and concludes that is enough to establish … Clearly, the WUTC’s approval in 1974 of the 1966 agreement did not constitute approval of these actions and is far from sufficient to shelter Puget from the obligations and liability imposed under the Act.