Case law

Roeber v. Dowty Aerospace Yakima

116 Wash. App. 127 · Court of Appeals of Washington · Mar 11, 2003

Even so, he clearly felt overwhelmed by the stress of deadlines and the long hours expected from management. … He shows neither that he was qualified for a vacant position nor that Dowty failed to notify him of job opportunities that would accommodate his *699 alleged disability. Id. at 643-44, 9 P.3d 787 ; Wilson v.

In re the Detention of Durbin

160 Wash. App. 414 · Court of Appeals of Washington · Mar 8, 2011

that Durbin met the criteria for commitment as an SVP. f 8 On an ex parte finding of probable cause, the State transferred Durbin to the Thurston County jail and, on September 30, 2004, Durbin stipulated that the petition established … Thus, the legislature clearly intended that the 2009 amendments apply to individuals in Durbin’s position, i.e., individuals awaiting commitment under chapter 71.09 RCW and confined in a secure facility such as the SCC.

Crawford v. Milner

District Court, W.D. Washington · Sep 29, 2025

To prevail on this claim a 7 “plaintiff must establish that the defendant had a discriminatory intent or motive.” Id. (internal 8 citations omitted). … First, Plaintiff fails to show she was qualified for the unit. Plaintiff herself 21 concedes “Income Verification past and current” was required. (Dkt. No. 3.)

Puget Sound Gillnetters Ass'n v. Moos

88 Wash. 2d 677 · Washington Supreme Court · Jun 9, 1977

Thus, they can neither be denied equal protection of the laws nor granted special privileges and immunities. … Washington, supra , and particularly paragraph 14 of the injunction clearly appears from its text expressly at, e.g., pages 416, 402, and 414.

Dohrman v. State of Washington Department of Social and Health Services

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

Dohrman’s claims in the prior case were based entirely on events 6 leading up to her termination from employment, the claims clearly “relate to the same set 7 of facts.” … But it is well 19 established that the State and the arms of the State are immune from suit under § 1983.

Jama v. King County Judges

District Court, W.D. Washington · Sep 20, 2021

To the extent plaintiff is asserting claims against judicial officers directly, “[i]t has long 2 been established that judges are absolutely immune … 20 For all of the foregoing reasons, the Court declines to issue a summons in this matter. 21 Plaintiff is hereby ORDERED to file on or before October 26, 2021, an amended complaint 22 which clearly

Clark County Public Utility District No. 1 v. Wilkinson

139 Wash. 2d 840 · Washington Supreme Court · Feb 3, 2000

On January 20, 1997, the PUD sought reconsideration of the arbitrator’s decision with respect to one of the grievants on the ground she was not qualified for the nonunit position she had been awarded at arbitration; the PUD … Washington law clearly indicates a distinction between statutory and constitutional writs of certiorari.

Willman v. Washington Utilities & Transportation Commission

122 Wash. App. 194 · Court of Appeals of Washington · Jul 1, 2004

Rather, it merely establishes that a utility presumptively demonstrates that a rate increase to recover a tax is just and reasonable unless it is clearly invalid. … At best, the petitioners have established the validity of the Nation’s franchise fee is questionable. However, on the limited record before the WUTC and us, it is not possible to conclude the fee is clearly invalid.

Community Ass'n for Restoration of the Environment, Inc. v. Cow Palace, LLC

80 F. Supp. 3d 1180 · District Court, E.D. Washington · Jan 14, 2015

Rather, the core of Defendant Cow Palace’s challenge is whether any standee can establish individual standing. … D.Or.1997) (“The Supreme Court's decision in Meghrig thus defines the two endpoints of the RCRA citizen suit continuum: a plaintiff facing an imminent threat from hazardous waste, when no remediation has yet taken place, clearly

Smith v. Skone & Connors Produce, Inc.

107 Wash. App. 199 · Court of Appeals of Washington · Jul 12, 2001

Smith did not sign the statements nor any other document signifying final settlement, but neither did he object to the clearly final terms of the account. … Smith contends the parties established a $65 per ton packing charge in their two previous years of agreements.

Bowhead Operations & Maintenance Solutions LLC v. Endurance American Insurance Co

District Court, W.D. Washington · May 16, 2023

The work product doctrine provides qualified immunity to material 1 prepared “in anticipation of litigation” by a party or its representative. Fed. R. Civ. P. 2 26(b)(3)(A); Hickman v. … The party asserting immunity under the work product doctrine bears the 6 burden of showing that the withheld information was prepared in anticipation of litigation. Id. at 7 549.

Puget Sound Energy, Inc. v. Lee

149 Wash. App. 866 · Court of Appeals of Washington · Apr 27, 2009

The fact that these problems were not clearly “manifest” at the time of the industrial injury does not eliminate second injury fund relief because his disabilities were permanent and manifested repeatedly over a period of … The disability must have clearly detracted from an individual’s ability to engage in the ordinary pursuits of life.

Korte v. Department of Employment Security

47 Wash. App. 296 · Court of Appeals of Washington · Mar 25, 1987

The proposed contract required medical evidence of illness to qualify for paid sick leave. Korte testified this had *299 not been required in the past. … The facts being virtually undisputed, this issue must be decided as an issue of law, that is, proper application of the law to established facts.

Westcott v. Wells Fargo Bank, N.A.

862 F. Supp. 2d 1111 · District Court, W.D. Washington · Apr 20, 2012

Indeed, the fixed annual interest rate of 6.875% that is set forth clearly on the first page of the Initial Interest Note is not unusual, let alone shocking to the conscience. … The Note itself, while dense, is written clearly and is hardly more than two pages long.

Silver Valley Partners, LLC v. De Motte

400 F. Supp. 2d 1262 · District Court, W.D. Washington · Nov 28, 2005

The Due Process Clause protects an individual’s liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful “contacts, ties, or relations.” … Clearly, Idaho qualifies as a proper venue for this proceeding pursuant to 28 U.S.C. § 1391 (a)(1).

Doggett v. Perez

348 F. Supp. 2d 1169 · District Court, E.D. Washington · Feb 27, 2004

The Fifth Circuit noted that in reversing plaintiff Clay’s conviction, the Mississippi Supreme Court had clearly ruled in his favor on the claim that the trial court erred in, setting excessive bail and thus, on that matter … The portion of this court's decision denying summary judgment to defendant Perez on qualified immunity grounds was reversed by the Ninth Circuit, Gausvik v.

Morgan v. Hartford Life & Accident Insurance Co.

274 F. Supp. 3d 1176 · District Court, W.D. Washington · Apr 5, 2017

However, Hartford argues that the IGF-1 Z score is insufficient to establish a “causal link between objective medical findings ... and ‘Disability.’ ” Id. at 3. … Specifically, he stated that, despite, the lack of physical limitations, “[Morgan] clearly has fatigue and ...

Hudnall v. City of Pasco

District Court, E.D. Washington · Apr 4, 2024

immunity on Plaintiff’s claim for the deprivation a right to an education. 10 ECF No. 7 at 2. … claim against the School 5 Defendants under Section 1983. 6 Plaintiff’s response brief appears to accept these deficiencies and pivots to 7 argue that his complaint “clearly

Holmes v. King County Sheriff

District Court, W.D. Washington · Oct 19, 2021

To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 19 20 established that judges are absolutely immune from … Plaintiff is hereby 15 ORDERED to file on or before November 10, 2021, an amended complaint which clearly and 16 concisely identifies the acts

Wash. Educ. Ass'n v. Dep't of Ret. Sys.

Washington Supreme Court · Aug 14, 2014

For the employees to prevail,, therefore, they must establish that "there is no reasonable doubt that the statute violates the constitution." Larson v. … The first prong of the Carlstrom analysis asks whether gain sharing became part of the parties' employment contract, which it clearly did.