Case law

Workman v. Chinchinian

807 F. Supp. 634 · District Court, E.D. Washington · Mar 6, 1992

The record does not establish that the conflict in the states’ limitation laws has affected the cost of Dr. … This standard requires that Idaho health care providers exercise the same degree of care and skill of similarly trained and qualified providers of the same class in the same community. Dekker v.

State v. D.L.

197 Wash. 2d 509 · Washington Supreme Court · Apr 15, 2021

By pleading guilty, D.L. agreed that the court could use the probable cause affidavit to establish the facts that constituted D.L’s conviction. … D.L., No. 96143-3 (Stephens, J., concurring) sentence clearly runs afoul of the juvenile’s right to fundamental fairness.” Lead opinion at 10.

In re the Detention of Anderson

166 Wash. 2d 543 · Washington Supreme Court · Jul 9, 2009

Amy Phenix, testified that Anderson’s relationships with four adult male patients at Western State Hospital (WSH) qualified as recent overt acts. … That’s something that we focused on the group, that a person should be functioning on the same level, that they should be competent to make a decision, and that a relationship, an equal relationship should clearly be established

In Re the Estate of Long

82 Wash. App. 609 · Court of Appeals of Washington · Jul 12, 1996

In Newman, Leo Newman’s will established a trust for his wife. Newman, 40 Cal. Rptr. at 786. … If Thomas had intended an automatic, de jure distribution, he need not have qualified "distribution” with the adjective "complete distribution.”

State Ex Rel. Nelson v. Superior Court

15 Wash. 2d 407 · Washington Supreme Court · Nov 14, 1942

Redfield filed in the proceeding his verified petition, praying for an order permitting *410 three qualified psychiatrists, whom he named, to examine Mrs. … Certainly no such step should be taken unless the judicial authority to make the order clearly appear, and some very real emergency should be shown to exist.

Goodin v. Vercoe

District Court, E.D. Washington · May 22, 2020

“If there is no 17 constitutional violation, the inquiry ends and the officer is entitled to qualified 18 immunity.” Ioane v. … Defendant is entitled to qualified immunity. Ioane, 939 F.3d at 950. Even 7 construing the evidence in the light most favorable to Plaintiff, Defendant is 8 entitled to judgment as a matter of law.

B & R Sales, Inc. v. Dept. Of L & I

Court of Appeals of Washington · Mar 10, 2015

as workers under the former RCW 51. 08. 180 ( 1991) but did qualify as workers under the version of RCW 51. 08. 180 effective June 12, 2008. … The evidence established that the couple was retained to do the work because they owned a donkey engine, and that they could not have performed the contract without the donkey engine. Id.

Better Financial Solutions, Inc. v. Caicos Corp.

73 P.3d 424 · Court of Appeals of Washington · Jul 29, 2003

. *426 Here, BFS contracted individually with qualified union cement masons (laborers) to perform the work subcontracted by MK. … BFS clearly wished to have no on-site function with respect to the project's construction.

Larry L. & Gloria Roemmich, Appellants/cross-resps. V. 3m Company, Respondents/cross-apps.

Court of Appeals of Washington · May 9, 2022

We presume prejudice if a jury instruction clearly misstates the law. Id. 1. … “The ‘but-for’ test requires a plaintiff to establish that the act complained of probably caused the subsequent disability.” Id.

Lake Arrowhead Community Club, Inc. v. Looney

112 Wash. 2d 288 · Washington Supreme Court · Apr 13, 1989

In 1959, however, the Legislature passed a statute establishing an exception to the general rule. … This clearly falls below the standards of due process, and the majority errs in granting Arrowhead a lien to secure the debt imposed by its valid covenant.

State v. J.V.

132 Wash. App. 533 · Court of Appeals of Washington · Apr 24, 2006

But the juvenile court concluded that failure to qualify for the mitigating factor constituted the aggravating factor of recent criminal history under RCW 13.40.150(3)(h)(v) (recent criminal history). 23 This was incorrect … J.V. argues that the 30 to 40 week sentence is clearly excessive.

Tilton v. Cowles Publishing Co.

76 Wash. 2d 707 · Washington Supreme Court · Sep 18, 1969

This is clearly not an accurate representation of the New York Times standard. … The mere presence of the stories in the files does not, of course, establish that the Times “knew” the advertisement was false, since the state of mind required for actual malice would have to be brought home to the persons

State v. Jacobson

74 Wash. App. 715 · Court of Appeals of Washington · Jul 27, 1994

The Legislature qualified when the definition would not apply, stating: "In construing the provisions of this act, save when otherwise plainly declared or clearly apparent from the context, the following rules shall be observed … In not applying the definition, the Klinkenberg court relied solely on the "clearly apparent from the context” part of that qualifier. Klinkenberg , at 471.

Smith v. Pierce County

District Court, W.D. Washington · Feb 22, 2023

A municipality qualifies as a 7 “person” who may be held liable under § 1983. See Monell v. Dep’t of Soc. … He has not 2 identified a policy that is the moving force behind the constitutional violations alleged in the 3 complaint, and he has not alleged facts establishing that any such policy amounts to deliberate 4 indifference

State v. Jasper

174 Wash. 2d 96 · Washington Supreme Court · Mar 15, 2012

They were created, and in fact used, for the sole purpose of establishing critical facts at trial. … Nor does the document establish Cienfuegos’s license was revoked on April 15, 2005 because he was an “habitual offender,” as required to establish the crime of DWLS in the first degree.

Nelson v. McClatchy Newpapers, Inc.

131 Wash. 2d 523 · Washington Supreme Court · Feb 20, 1997

The court concluded because the state law deprived the paper of its editorial discretion, it was necessarily unconstitutional as applied to the newspaper. 14 Thus, Miami Herald clearly establishes that editorial control is … Since this right is established by the statute we need not consider whether it is also established by the state constitution.

State v. Cissne

72 Wash. App. 677 · Court of Appeals of Washington · Jan 25, 1994

Borchardt, 224 Neb. 47 , 395 N.W.2d 551 (1986) (test results cannot be characterized as "scientific" or "technical evidence" and admissible until it is established that these results demonstrate what they are supposed to … When asked how persons would respond to an HGN test if they had not consumed alcohol, the officer answered: "They are able to accurately and clearly follow any object from one side to the other as the object is moved."

Bremerton Public Safety Ass'n v. City of Bremerton

15 P.3d 688 · Court of Appeals of Washington · Jan 12, 2001

But "eligible" means "qualified." WEBSTER'S II COLLEGE DICTIONARY (1999), at 365. … And, as stated above, "otherwise eligible" means "otherwise qualified."

Digital Equipment Corp. v. Department of Revenue

129 Wash. 2d 177 · Washington Supreme Court · May 23, 1996

Michigan Dep’t of Treasury that a similar tax imposed by Michigan violated the constitutional doctrine of intergovernmental tax immunity because it treated federal employees differ *186 ently from state employees. 37 After … Because the law clearly applies to the interim period of June 23, 1987 and August 11, 1987, 73 Digital conceivably would have been eligible for credits for taxes paid during that period.

Hutson v. Wenatchee Federal Savings & Loan Ass'n

22 Wash. App. 91 · Court of Appeals of Washington · Dec 5, 1978

We believe that this evidence was sufficient, as a matter of law, to establish a prima facie case of implied contract sufficient to take the case to the jury. … The insurer's name shall be clearly shown in the policy. "(b) The subject of the insurance. "(c) The risk insured against.