Case law

K.P. McNamara Northwest, Inc. v. Department of Ecology

173 Wash. App. 104 · Court of Appeals of Washington · Jan 23, 2013

Accordingly, because KP McNamara fails to establish that our Supreme Court’s holding in Hickle bears on the present case, we hold that his contention is without merit. … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought. ¶92 In support of its contention that it was

Discover Bank v. Lemley

180 Wash. App. 121 · Court of Appeals of Washington · Mar 18, 2014

“Any other summary judgment pleadings,” the court explained, “were clearly designated for [Discover’s] own later scheduled ... noticed hearing.” CP at 851. … Our ruling also does not address whether Joshua Smith or James Ball qualifies to testify to the facts stated in their respective affidavits or whether either qualifies to identify the documents attached to their respective

Gorman v. Garlock, Inc.

118 P.3d 311 · Washington Supreme Court · Aug 18, 2005

. ¶ 9 To qualify for coverage under the LHWCA, a worker must satisfy a "2-tiered test." Lindquist v. Dep't of Labor & Indus., 36 Wash.App. 646, 652 , 677 P.2d 1134 , review denied, 102 Wash.2d 1001 (1984). … This court has recognized that RCW 51.24.020 was enacted to ensure that "employers who deliberately injure [] their employees [will] not enjoy the immunity from suits," which the WIIA provides. Birklid v.

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

Seattle Electric Co. v. City of Seattle

206 F. 955 · District Court, W.D. Washington · Aug 15, 1913

Waiving the question whether these damages have been proved by competent evidence, I am clearly of opinion that they are not recoverable, either at law or in equity. … And for acts done by them in their public or governmental capacity, and in discharge of the duties imposed upon them for the public good, they partake of the state’s immunity from suit and incur no liability to persons who

Burgdorf v. State

61 Wash. App. 918 · Court of Appeals of Washington · Jul 17, 1991

However, we may consider her argument because she clearly argues in her brief that the trial court erred in refusing to give alternate proposed instructions 7 and 9. See State v. Clark, 53 Wn. … Burgdorf argues that the Zorotovich court qualified the first element of the general test because its plaintiff was injured in a transition area.

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. Burch

65 Wash. App. 828 · Court of Appeals of Washington · May 26, 1992

Because the trial court's findings "largely will turn on evaluation of credibility," Batson, *841 476 U.S. at 98 n.21, they will not be set aside unless clearly erroneous. Hernandez, 111 S. Ct. at 1871 . … Batson clearly directs that the trial court consider "all relevant circumstances" in determining whether an inference of discrimination has been raised. 476 U.S. at 96-97 .

Stalter v. State

151 Wash. 2d 148 · Washington Supreme Court · Mar 18, 2004

In our view, the jail’s policies are ambiguous in that they do not clearly require booking officers to make a determination of every detainee’s actual identity. … The Court of Appeals agreed with the county, holding that Brooks failed to establish a constitutional violation.

Confederated Tribes of the Colville Indian Reservation v. Washington

412 F. Supp. 651 · District Court, E.D. Washington · Apr 14, 1976

President Grant established the reservation by Presidential Executive Order on July 2, 1872, 1 C. … As a basic proposition it is clear that Indians traditionally enjoyed the exclusive right to hunt and fish on lands reserved to them, unless such rights were clearly relinquished by treaty. Menominee Tribe v.

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

State v. Carter

255 P.3d 721 · Court of Appeals of Washington · Apr 27, 2011

Moses, 79 Wash.2d at 110 , 483 P.2d 832 . ¶ 18 Second, the legislature set out the subsection (2) exemption in a separate subsection rather than including it in the definition of the offense defined in subsection (1), clearly … Instead, the exemption is a defense that Carter had the burden of establishing. III.

State v. Bauer

92 Wash. 2d 162 · Washington Supreme Court · May 24, 1979

In addition to experience as a bartender, cook, carpenter's helper and ski instructor, he had a Coast Guard license, was qualified as a marine technician, and had over 2 years' experience working on marine research vessels … The jury clearly did not believe appellant's evidence created a reasonable doubt on either point, since it was clearly instructed that the State must prove both wilfulness and lack of lawful excuse by proof beyond a reasonable

City of Des Moines v. Gray Businesses, L.L.C.

130 Wash. App. 600 · Court of Appeals of Washington · Dec 5, 2005

In 1986, Des Moines established a “Highway Commercial Zone” around Pacific Highway South that included Pine Terrace. … But clearly, not every government action that takes, damages, or destroys property is a taking.

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 Ex Rel. Washington Toll Bridge Authority v. Yelle

5 Wash. 2d 539 · Washington Supreme Court · Oct 1, 1940

. § 2697-503], supra, the authority is empowered to provide for the establishing and constructing of toll bridges upon any public highway of this state, whenever the same is considered necessary or advantageous and practicable … difference between the power to give a note to a lender for the amount of money borrowed, or to a creditor for the amount due, and the power to *550 issue for sale, in open market, a bond, as a commercial security, with immunity

Lyle v. Ginnold

174 Wash. 104 · Washington Supreme Court · Aug 14, 1933

Appellant objected to this testimony on the ground that it did not appear that respondent was qualified to testify concerning such value. … The issues were clearly stated, and appellant’s contention that the portion of instruction two above quoted constitutes reversible error is not well taken.

Warner v. Regent Assisted Living

130 P.3d 865 · Court of Appeals of Washington · Mar 20, 2006

The VAS does not require expert testimony to establish "neglect," "pain and suffering," or resulting damages. … considered whether Mantooth's statement qualified as an excited utterance.

Roush v. Akal Security Inc

District Court, E.D. Washington · Feb 4, 2020

If a person successfully raises the anti- 2 SLAPP statute’s immunity defense, he “is entitled to recover expenses and 3 reasonable attorneys’ fees incurred in establishing the defense and in addition shall 4 receive … Cox, 183 Wn.2d 269, 351 (Wash. 2015) (leaving 17 intact the narrower and well-established RCW § 4.24.510).

Johnson v. Ohman

10 Wash. 2d 466 · Washington Supreme Court · Sep 25, 1941

C. § 2696-891]) qualifies it by providing that a vehicle must be operated “in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under ■ the conditions existing at the point of operation … Clearly, a speed of fifty miles an hour would not be *470 reasonable or proper under such conditions. As to the testimony of Mr.