Case law

State v. Saintcalle

Washington Supreme Court · Aug 1, 2013

Swain did little to curb racial discrimination, establishing a "crippling burden of proof" and leaving peremptories "largely immune from constitutional scrutiny." 10 No. 86257 … We are not a group of qualified statisticians.

State v. Saintcalle

Washington Supreme Court · Aug 1, 2013

Swain did little to curb racial discrimination, establishing a "crippling burden of proof" and leaving peremptories "largely immune from constitutional scrutiny." 10 No. 86257 … We are not a group of qualified statisticians.

King Co Dept Of Dev. & Environ. Ser. Bldg, App-cross Res v. Stephan & Sandra Klineburger, Res-cr App

Court of Appeals of Washington · Aug 3, 2015

The county hearing examiner affirmed the order, concluding that the County did not have the authority to disturb Ecology's determination that the Klineburgers' property did not qualify for an exception to state regulations … DPER informed them that they could not build in the floodway unless they could establish that their site qualified as an exception to the floodplain management regulations.

James H. Eskridge v. Darlene M. Townsend, Ph.d

Court of Appeals of Washington · Sep 17, 2013

Townsend's failure to assert the defense until just before trial: Clearly if at any time initially this issue might not come up, clearly I would think after the deposition on February 24th where some of these … Townsend did not cite the anti~SLAPP statute or make any reference to the material facts she would have to establish to support anti-SLAPP immunity (that she had communicated matters to an agency that were reasonably

Ritterhoff v. Puget Sound National Bank

37 Wash. 76 · Washington Supreme Court · Feb 16, 1905

It does not clearly appear from the complaint that the note has matured, although possibly its maturity may be inferred by reason of demand for payment having been made. … In defining the jurisdiction of courts of equity, it is a well established principle that equity will not relieve when there is a full, adequate, and complete remedy at law.

State Of Washington, V. Cory Taylor Pratt

Court of Appeals of Washington · Jun 28, 2022

So there clearly is not an established relationship. Pratt, 196 Wn.2d at 851 (alterations in original) (citations omitted). … The legislature clearly intended the community custody served on SSOSA to not be credited for time served against a sentence if the SSOSA is revoked for any purpose.

McCurry v. Chevy Chase Bank, FSB

233 P.3d 861 · Washington Supreme Court · Jun 24, 2010

Under CR 12(b)(6) a plaintiff states a claim upon which relief can be granted if it is possible that facts could be established to support the allegations in the complaint. See Halvorson *863 v. … Further, the federal regulation clearly indicates that even laws of general applicability have the potential to have a more than incidental impact on lending practices.

Grondal v. United States

682 F. Supp. 2d 1203 · District Court, E.D. Washington · Jan 12, 2010

Prior to his death, Evans established “Wapato Heritage LLC” to manage his non-trust assets. … Plaintiffs’ admit that the MA-8 landowners qualified as “interested parties” to the Evans’ estate-yet they did not receive notice.

In re Pers. Restraint of Phelps

190 Wash. 2d 155 · Washington Supreme Court · Feb 22, 2018

Perpetrator profile testimony clearly carries with it the implied opinion that the defendant is the sort of person who would engage in the alleged act, and therefore did it in this case too. … App. at 837 , 866 P.2d 655 (holding that an expert was qualified to testify about the grooming process); State v.

State Ex Rel. Dunbar v. American University

140 Wash. 625 · Washington Supreme Court · Oct 25, 1926

received a full sanipractic license without examination under such rule as aforesaid, and a large number of other diplomates, although not entitled to a diploma according to the curriculum of the school and although not qualified … drugless healing in the state of Washington. ’ ’ While it is true that, in many respects, the evidence on which the findings were made is in conflict with that introduced on behalf of appellant, still we are satisfied that it clearly

Bulman v. Safeway, Inc.

27 P.3d 1172 · Washington Supreme Court · Aug 2, 2001

He only ambiguously qualified those admissions in the following exchange: Q. So Mr. Bulman, it wasn't until November 20th, 1995 that you were aware of the remedy articulated in this policy; isn't that correct? A. … It degrades Bulman's credibility, characterizing his statements as "gratuitous" and "ambiguously qualified." Majority at 1177, 1178.

Dale E. Alsager, D.o., Phd. v. Wa State Bd Of Osteopathic Medicine

196 Wash. App. 653 · Court of Appeals of Washington · Nov 15, 2016

We disagree and hold that although board proceedings have a punitive aspect, they do not qualify as “criminal cases” within the meaning of those constitutional provisions. … RCW 7.24.146 clearly states that the UDJA “does not apply to state agency action reviewable under [the APA,] chapter 34.05 RCW.”

State v. Hinton

12 Wash. App. 267 · Court of Appeals of Washington · Dec 16, 1974

Jarvis was not qualified to answer the hypothetical question without first showing he had knowledge of defendant based on his personal examination. We do not agree. … Jarvis to testify “upon a ground, or to an extent, clearly untenable or manifestly unreasonable.” Friedlander v. Friedlander, 80 Wn.2d 293, 298 , 494 P.2d 208 (1972). See generally R.

In Re Dutcher

60 P.3d 635 · Court of Appeals of Washington · Dec 30, 2002

But the statute clearly contemplates that such decisions will be based on the merits of a release plan, and nowhere offers any authority for dispensing with such plans altogether. … make its early release decisions based upon plans proposed by inmates and reviewed by the department, and has (we believe wisely) not authorized any exemption from this process simply because ESRC believes the offender qualifies

Michigan Millers Mutual Fire Insurance v. Oregon-Washington Railroad & Navigation Co.

32 Wash. 2d 256 · Washington Supreme Court · Dec 31, 1948

Error is assigned: (1) in holding the evidence sufficient to establish that the damage to warehouse and peas was caused by the burning of grass and brush by the defendants; (2) in holding the evidence sufficient to establish … “Where two persons would otherwise be liable for a harm, one of them is not relieved from liability by the fact that the other has an absolute privilege to act or an immunity from liability to the person harmed.”

Kuest v. Regent Assisted Living, Inc.

43 P.3d 23 · Court of Appeals of Washington · Mar 25, 2002

person from outside the protected class. [9] The employee alleging discrimination must establish specific and material facts to support each element of his *27 or her prima facie case. [10] If a prima facie case is established … The terms (or offer) in the employment contract clearly excluded the policy as part of the original employment contract, thus anticipating its existence.

Alpine Lakes Protection Society v. DNR

979 P.2d 929 · Court of Appeals of Washington · Jul 12, 1999

STANDARD OF REVIEW Threshold decisions that an EIS is not required generally are reviewed under the "clearly erroneous" standard. King County v. … Under the act, only certain "qualified" parties are eligible for fees but there is no dispute that ALPS is a qualified party.

Page v. Prudential Life Insurance Co. of America

12 Wash. 2d 101 · Washington Supreme Court · Jan 2, 1942

To keep him occupied, respondent established a twenty dollar petty cash fund from which he would pay small household bills and the weekly premiums on the policies in question. … That the husband as statutory agent for the community has complete power to buy or sell community personalty and make its contracts is a well-established rule in this state.

Coats v. Schweiker

552 F. Supp. 902 · District Court, E.D. Washington · Dec 15, 1982

The new program established uniform eligibility criteria. … The state standard clearly applies to the grandfather-ee.

Harrison Memorial Hospital v. Gagnon

110 Wash. App. 475 · 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 … Dep’t of Labor & Indus., 101 Wn.2d 512, 518 , 681 P.2d 233 (1984) (sole fact-finding function in court review of board order is to examine evidence and determine whether or not it clearly preponderates against board’s findings