Case law

Consolidated Disposal Services, Inc. v. Grant County

51 Wash. App. 652 · Court of Appeals of Washington · Jun 2, 1988

The court, at pages 318-19, affirmed the denial of the writ and stated: First, we state the long established law that a writ of prohibition is an extraordinary remedy available only where the tribunal is clearly and inarguably … commission finds that the existing garbage and refuse collection company or companies are unable or unwilling to provide the required service it shall proceed to issue a certificate of public need and necessity *655 to any qualified

State of Washington v. Baugh Construction Co.

313 F. Supp. 598 · District Court, W.D. Washington · Nov 7, 1969

Intervening plaintiff trainees clearly have the requisite interest in the outcome of this litigation to qualify as such proper parties. 4. … The Defendant Unions shall proceed forthwith and with all possible speed to complete all aspects of the Outreach Program to qualify minority applicants who do not otherwise qualify for apprenticeship or dispatch.

Thorsted v. Gregoire

841 F. Supp. 1068 · District Court, W.D. Washington · Feb 10, 1994

A state may not constitutionally do that, just as it may not bar qualified runners from the track. D. … The Ninth Amendment assures rights to the people beyond those specifically listed but implies no right to alter the governmental structure established by the Constitution.

King v. Rushford

District Court, W.D. Washington · Aug 11, 2022

immunity. … Washington has never evidenced an intent to waive immunity in this action. 1 III.

Shannon v. Prall

115 Wash. 106 · Washington Supreme Court · Mar 23, 1921

The line which divides the two kinds of writings has not been clearly defined and cases can be found which it is difficult to reconcile. In Jackson v. Ely, 57 Ohio St. 450 , 49 N. … writing be construed as a release in the nature of a contract, the appellant nevertheless invokes the general rule that, where in a release there is a particular recital followed by general words, the general words will be qualified

State v. Evans

Washington Supreme Court · Apr 11, 2013

established by statutory construction; or, if there is no such clearly established interpretation, then whichever reasonable and justifiable interpretation is most favorable to the defendant. … But while businesses may have qualified as perpetrators of identity theft, there is no indication that they qualified as victims.

State v. Sears

4 Wash. 2d 200 · Washington Supreme Court · Jun 5, 1940

Article 1, 112, of the state constitution, provides: “No law shall be passed granting to any citizen, class of citizens, or corporation, other than municipal, privileges or immunities which, upon the same terms, shall not … Such determination is clearly within the legislative power.

Volk v. DeMeerleer

187 Wash. 2d 241 · Washington Supreme Court · Dec 22, 2016

Admission is proper provided the expert is qualified and his or her testimony is helpful. Id. … In fact, we clearly stated that whether the patient is an inpatient or an outpatient is immaterial. Id.

Malone v. Quigley

District Court, W.D. Washington · Oct 23, 2019

a likelihood of success on 8 the merits because defendants “are entitled to qualified immunity.” … immunity 7 defense, the Court finds that the issues at this stage in the proceeding are sufficiently complex to 8 support the appointment of pro bono counsel for plaintiffs. 9 II.

Lewis v. Kluq

District Court, W.D. Washington · Jun 8, 2020

States Supreme Court has held that the in forma pauperis statute gives judges “the 3 unusual power to pierce the veil of the complaint’s factual allegations and dismiss those 4 claims whose factual contentions are clearly … Several of plaintiff’s 19 allegations also appear to qualify as frivolous.

Gausvik v. Perez

239 F. Supp. 2d 1108 · District Court, E.D. Washington · Nov 27, 2002

This court declined to grant summary judgment in favor of defendant Perez on the § 1983 claims and in turn, declined to grant him qualified immunity. … Because the court believed the proof did not establish supervisory liability, however, it granted plaintiffs motion to supplement his summary judgment response.

State v. Utter

4 Wash. App. 137 · Court of Appeals of Washington · Jan 25, 1971

Thus, in order to establish either, the fact of homicide must first be established. Appellant contends that his evidence was presented for the purpose of determining whether in fact a homicide had been committed. … The mental disturbance may or may not be sufficient to establish legal insanity.

State v. Lindberg

125 Wash. 51 · Washington Supreme Court · May 14, 1923

In the statute before us no qualifying words are employed. One who sells, gives, or barters intoxicating liquor to an Indian or one of mixed blood, is guilty. … But clearly this court cannot give heed to arguments of this sort. It would be to presume that the trial judge was capable of' being intimidated.

Clausen v. Icicle Seafoods, Inc.

174 Wash. 2d 70 · Washington Supreme Court · Mar 15, 2012

Although fee-shifting in this context may have a *79 punitive feel, it serves to compensate the seaman for being forced to bring an action to recover what he was clearly entitled to all along. ¶19 At common law, an award … Because seamen do not qualify for state or federal worker compensation, their only recourse from being abandoned when sick or injured on the job is maintenance and cure.

City of Seattle v. Pullman

82 Wash. 2d 794 · Washington Supreme Court · Sep 27, 1973

It is true that Drew involved loitering in "suspicious circumstances" but if the term "loiter" is deemed vague when attached to such a qualifying phrase, it certainly is no more precise standing alone. … The United States Supreme Court in Prince clearly recognized this distinction.

City of Des Moines v. Hemenway

73 Wash. 2d 130 · Washington Supreme Court · Feb 1, 1968

It therefore is our judgment that a third-class city may not exercise the power of eminent domain beyond its corporate limits without clear legislative authority, either expressly conferred or clearly implied. … It is one thing for a municipality to attempt to establish services beyond its corporate limits, and it is quite another for a municipality to attempt to establish services within its corporate limits which are to be utilized

Gottstein v. Lister

88 Wash. 462 · Washington Supreme Court · Dec 10, 1915

The question of compensation was, perhaps, less intimately and necessarily connected with the change to biennial sessions, yet it was clearly connected with it. … It makes him, in effect, *479 a branch of Congress, though only to a limited and qualified extent.”

Eisenbach v. Schneider

166 P.3d 858 · Court of Appeals of Washington · Sep 10, 2007

Accordingly, most of the findings are verities on appeal. [7] Estate Plan ¶ 12 In May 1979, Marvin and Martha Eisenbach established a trust indenture. … The trustee also allocated approximately $1.6 million to the latter subshare (the "B-2 trust" or "Qualified Terminable Interest Property (`QTIP') trust").

State v. Gonzales-Morales

979 P.2d 826 · Washington Supreme Court · Jul 1, 1999

Under RCW 2.43.080, "[a]ll language interpreters serving in a legal proceeding, whether or not certified or qualified, shall abide by a code of ethics established by supreme court rule." … The purpose of this Code of Conduct is to establish and maintain high standards of conduct to preserve the integrity an independence of the adjudicative system.

In Re McIntire's Estate

178 Wash. 81 · Washington Supreme Court · Jun 25, 1934

An exemption of gifts to literary, educational and charitable corporations will apply only to corporations established by the laws of the state imposing the tax, and will not apply to a foreign corporation even if it carries … Holcomb, supra [ 85 Kan. 178 , 116 P. 251 ] it was said: "`Provisions giving immunity from taxation are to be strictly construed, and anyone claiming that he should escape his share of the public burden must show a clear