Case law

Harrison Memorial Hosp. v. Gagnon

40 P.3d 1221 · Court of Appeals of Washington · Mar 1, 2002

According to the superior court's findings, "[t]he work required her to perform Emergency Medical Technician duties aboard an ambulance, to administer immunizations, to handle bloody surgical instruments, and to clean operating … Because the AST test never showed an elevated level, even after Gagnon clearly had contracted Hepatitis C and had elevated levels on the ALT, it is clear that the AST results were not helpful in determining Gagnon's enzyme

Schons v. Department of Transportation

43 Wash. App. 160 · Court of Appeals of Washington · Dec 20, 1985

Schons cites no authority for his contention that the loss of milk production qualifies as "tangible personal property." … Appellate review of administrative findings is conducted under the "clearly erroneous" and "arbitrary and capricious" standards. Eggert v. Department of Empl. Sec., 16 Wn. App. 811, 813 , 558 P.2d 1368 (1976).

Smith v. Wiger

District Court, W.D. Washington · Dec 15, 2022

To the extent plaintiff is asserting claims against judicial officers directly, “[i]t has long 17 been established that judges are absolutely … immune from liability for acts ‘done by them in the 18 exercise of their judicial functions.’”

Siperek v. United States

270 F. Supp. 3d 1242 · District Court, W.D. Washington · Aug 29, 2017

In reality, all three steps of the Valerio analysis are intended to determine whether a person has a qualifying conviction under 18 U.S.C. § 922 (g)(1). … In turn, Washington law clearly dictates that, pursuant to RCW 13.50.260(6)(a) (formerly RCW 13.50.050(14)), the sealing of a juvenile, case constitutes expungement of the juvenile offense.

State v. Ross

152 Wash. 2d 220 · Washington Supreme Court · Aug 12, 2004

We have established that “illegal or erroneous sentences may be challenged for the first time on appeal.” Ford, 137 Wn.2d at 477 (citing State v. Moen, 129 Wn.2d 535, 543-48 , 919 P.2d 69 (1996); In re Pers. … There, the sentencing court had calculated Goodwin’s offender score as a 4 based, in part, on three juvenile convictions that had clearly “washed out.” Id. at 864-65 .

Shoop v. Kittitas County

30 P.3d 529 · Court of Appeals of Washington · Sep 10, 2001

The *536 court stated, "Clearly, this is jurisdictional language." … Kittitas County argues that the State's sovereign immunity can be overcome only by a specific statutory grant of "jurisdiction".

Pierce v. Yakima County

161 Wash. App. 791 · Court of Appeals of Washington · May 12, 2011

App. 625, 628 , 784 P.2d 1288 (1990). ¶9 Washington waived its sovereign immunity to tort suits in 1967, declaring the State may be liable for damages arising out of its tortious conduct “to the same extent as if [it] were … An “express assurance” occurs where an individual makes a direct inquiry and the government clearly sets forth incorrect information in response. Babcock, 144 Wn.2d at 789 . ¶24 The County correctly argues Mr.

State v. Hampton

182 Wash. App. 805 · Court of Appeals of Washington · Aug 11, 2014

Wackerman is a highly qualified criminal defense attorney.” … [w]here the victim did not consent... to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim’s words or conduct.

Mt. Hood Beverage Co. v. Constellation Brands, Inc.

149 Wash. 2d 98 · Washington Supreme Court · Feb 20, 2003

The three-tier system itself, established in chapter 66.24 RCW and chapter 66.28 RCW, is not challenged in this case. In 1984, the legislature passed RCW 19.126 to enhance the three-tier system. … We then carefully balance “whether the burden on interstate commerce clearly exceeds the local benefits.” Brown-Forman, 476 U.S. at 579 .

Mt. Hood Beverage Co. v. Constellation Brands, Inc.

63 P.3d 779 · Washington Supreme Court · Feb 20, 2003

We then carefully balance "whether the burden on interstate commerce clearly exceeds the local benefits." Brown-Forman, 476 U.S. at 579 , 106 S.Ct. 2080 . … It would be odd to say that the latter—here, the Twenty-first Amendment—does not immunize states from Commerce Clause scrutiny, but that the former does. Bainbridge, 311 F.3d at 1110-11.

Putman v. Wenatchee Valley Medical Center

216 P.3d 374 · Washington Supreme Court · Sep 17, 2009

Therefore, under the standard described above, medical malpractice suits do not qualify as special proceedings and are not exempt from the civil rules under CR 81(a). B. Does RCW 7.70.150 conflict with CR 8 and 11? … finding that RCW 7.70.150 violates the right of access to the courts is inconsistent with the principles established in other cases.

Baker v. Baker

80 Wash. 2d 736 · Washington Supreme Court · Jun 15, 1972

It is the rule in this state that a legislative enactment is presumed to apply prospectively only, and will not be held to apply retrospectively unless such legislative intent is clearly expressed or to be implied. … On the basis of the record, we believe that the trial court was justified in finding that the defendant was presently qualified only for housework.

Lauterbach v. City of Centralia

49 Wash. 2d 550 · Washington Supreme Court · Dec 5, 1956

Clearly, *559 "The adoption or rejection of its [planning commission's] recommendations lies solely within the sound discretion of the board [of county commissioners]." … The legislative act did not make it mandatory that a city qualify under chapter 44, Laws of 1935, before a city could establish a zoning procedure and plan.

Reed v. City of Asotin

917 F. Supp. 2d 1156 · District Court, E.D. Washington · Jan 11, 2013

Here, Plaintiffs management-related duties were clearly central to the successful management and operation of the City of Asotin Police Department. … The record does not establish the precise date on which Plaintiff discovered the existence of the two documents in question.

Becker v. Williamson

District Court, W.D. Washington · Nov 25, 2020

plaintiff’s likelihood of success on the merits, one of plaintiff’s claims—his 24 claim that defendant Joe Williamson unconstitutionally retaliated against plaintiff—has survived 1 a summary judgment motion asserting a qualified … immunity defense.

State v. Bartholomew

98 Wash. 2d 173 · Washington Supreme Court · Nov 24, 1982

The Court left open, however, the possibility that data might be adduced to establish that a death-qualified jury tended to favor the prosecution. … Such evidence will clearly not be present in every case of felony murder.

Branson v. Wash. Fine Wine & Spirits, LLC

Washington Supreme Court · Sep 4, 2025

L&I generally only assesses damages when an applicant can establish they have suffered a financial loss as a result of a violation of the law.” WASH. … The majority agrees that the EPOA is clearly intended to protect workers and those seeking work or advancement opportunities. Majority at 8-9.

State v. Ratliff

46 Wash. App. 325 · Court of Appeals of Washington · Dec 24, 1986

Furthermore, Ratliff's argument runs contrary to established rules of statutory construction. … excessive or clearly too lenient.

Kovacs v. Department of Labor & Industries

186 Wash. 2d 95 · Washington Supreme Court · Jul 14, 2016

The Department of Labor and Industries initially *97 found that Kovacs qualified for benefits, which he began to receive. … Read in isolation, it does not clearly establish whether the statute of limitations begins to run on the day of the injury or the next day.

Carpenter v. Butler

32 Wash. 2d 371 · Washington Supreme Court · Jan 14, 1949

It seems to us, as contended by respondent, that the language of the statute upon which appellant relies is clearly ambiguous, and that the legislature has, by its later enactment, in no uncertain terms clarified its meaning … Credit which appellant seeks to establish is not based upon time served as a teacher in the public schools of Washington, but what he seeks is, in fact, a gratuitous credit which the legislature sought to make available to