Case law

Fraternal Order of Eagles, Tenino Aerie No. 564 v. Grand Aerie of Fraternal Order of Eagles

148 Wash. 2d 224 · Washington Supreme Court · Dec 19, 2002

The majority’s construction, equating “fraternal organizations” with “club” and then requiring fraternal organizations to establish they are “distinctly private” to qualify for the exemption, violates at least three canons … Here, however, the majority’s conclusion that fraternal organizations must establish their distinctly private nature to qualify for an exemption assumes the legislature meant something other than what it said.

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").

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.

State v. Stubbs

170 Wash. 2d 117 · Washington Supreme Court · Oct 7, 2010

excessive or clearly too lenient. … Likewise, the loss of a leg, a “significant permanent loss ... of the function of [a] bodily part,” would qualify as “great bodily harm”; but so would paraplegia.

State v. Pugh

167 Wash. 2d 825 · Washington Supreme Court · Dec 31, 2009

The statements qualify as res gestae under the res gestae doctrine as it applied at the time the state constitution was adopted. Statements of this type do not implicate the state confrontation clause. … Although the court in Ortego cited a United States Supreme Court opinion for this proposition, it clearly meant that it applies under the state constitution because the court had already recognized in its opinion that the

In RE MEMPA v. Rhay

68 Wash. 2d 882 · Washington Supreme Court · Jun 23, 1966

Perhaps in one sense the significant characteristic of the probation device is that the person who is fortunate enough to qualify and to have been granted probation status is allowed to be at liberty in the community. … In the state of Washington the legislature has established a state probation system and has provided for its functions, operations, and administration.

Vasquez v. Washington Department of Veterans Affairs

District Court, W.D. Washington · Aug 22, 2024

or if Congress has abrogated the state’s immunity. … “[A]n 24 1 entity invoking Eleventh Amendment immunity bears the burden of asserting and proving those 2 matters necessary to establish its

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.

George v. Colville Confederated Tribes

District Court, E.D. Washington · Feb 24, 2025

See LaPlante, 480 U.S. at 17 16 (holding adjudications of reservation affairs by nontribal courts infringe upon 18 tribal lawmaking authority, because tribal courts are best qualified to interpret and 19 apply tribal … Moreover, allowing Plaintiff to file another amended 14 complaint would be futile, given that Plaintiff is bringing claims that are clearly 15 barred by sovereign immunity or that should be (and were) brought in Tribal

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.

Beach v. City of Seattle

85 Wash. 379 · Washington Supreme Court · May 6, 1915

The question of respondent’s contributory negligence was also one clearly for the jury. … It is not claimed, and in view of the other injuries clearly' established by the evidence it could not be claimed, that the verdict was excessive.

State v. Land

172 Wash. App. 593 · Court of Appeals of Washington · Jan 7, 2013

Do not frequent establishments whose primary business pertains to sexually explicit or erotic material. … The testing can properly be ordered incident to crime-related treatment by a qualified provider. State v. Castro, 141 Wn. App. 485, 494 , 170 P.3d 78 (2007).

Iceberg v. King County Superior Court

District Court, W.D. Washington · Feb 4, 2021

accommodation. 18 19 Title II of the ADA, 42 U.S.C. §§ 12131-12165 (2012) prohibits public entities from 20 discriminating against qualified … not been established here, and in 26 any event the pleading does not demonstrate that the judges here violated these laws.

State v. Payne

54 Wash. App. 240 · Court of Appeals of Washington · May 25, 1989

The court concluded the affidavit did not sufficiently establish the informant's credibility, and that his information was too stale to establish probable cause. … These facts clearly indicate the criminal activity was ongoing, and the issuing magistrate could reasonably infer the operation was continuing at the time. See State v. Hall, 53 Wn.

Larson v. City of Shelton

37 Wash. 2d 481 · Washington Supreme Court · Nov 30, 1950

Rep. 478 , Judge Cooley makes this statement: "That the regulation of hawkers and peddlers is important if not absolutely essential may be taken as established by the concurring practice of civilized states. … The purpose of enacting chapter 144, Laws of 1945, is clearly set out in the title thereto: "An Act relating to certain veterans; providing for the relief of the same; prescribing the duties of certain officers; providing

Baldwin v. City of Seattle

55 Wash. App. 241 · Court of Appeals of Washington · Aug 14, 1989

regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation *248 of any rights, privileges, or immunities … The explanatory paragraph of the Operational Standards section which contains the word "outshoot" is clearly meant to explain to ERT members the reason for the ERT's rigorous dismissal policy.

Fagg v. Bartells Asbestos Settlement Trust

184 Wash. App. 804 · Court of Appeals of Washington · Dec 8, 2014

. ¶4 PWWS and CSK each moved for summary judgment, claiming that Fagg’s negligence and strict liability claims were precluded by the WPLA, that they are immune from liability under the WPLA, and that Fagg failed to establish … The statute immunizes product sellers from product liability claims except under certain enumerated circumstances.

Abbey Road Group, LLC v. City of Bonney Lake

167 Wash. 2d 242 · Washington Supreme Court · Oct 8, 2009

The majority rule provides that development is not immune from subsequently adopted regulations until a building permit has been obtained and substantial development has occurred in reliance on the permit. … To establish this fairness and certainty in the development process, Abbey Road urges this court to establish a uniform vesting point “for every land use permit application regardless of the permit’s name or what it does

Department Of Labor & Industries v. Tradesmen International, Llc

Court of Appeals of Washington · Aug 17, 2020

The Department also 3 No. 79634-8-I/4 cited Tradesmen with two serious violations for failing to ensure that (1) fall protection systems were implemented, and (2) a qualified … The Directive, which establishes inspection and enforcement policies for situations involving two or more employers, states that the Department should cite an employer for a violation of which it knew or clearly should

State v. Hooper

997 P.2d 936 · Court of Appeals of Washington · Apr 12, 2000

The "real facts" doctrine forbids a sentencing court from basing an exceptional sentence on unstipulated facts that establish the elements of a more serious or uncharged crime. [13] One purpose of this rule is to hold defendants … Washington has adopted a `Good Samaritan' statute which provides immunity against civil liability for those who render emergency care at the scene of an emergency, unless they commit gross negligence or willful or wanton