Case law

Tye Sheats v. City of East Wenatchee

431 P.3d 489 · Court of Appeals of Washington · Dec 11, 2018

But when an agency elects to disseminate exempt records in response to a PRA request, a person seeking to enjoin dissemination has a heavy burden, which includes establishing that dissemination of the record would clearly … The public has an interest in knowing if a current peace officer is a law abiding person.3 Officer Sheats is unable to establish that dissemination of his redacted polygraph report would clearly not be in the public’s interest

Weaver v. Evans

80 Wash. 2d 461 · Washington Supreme Court · Apr 6, 1972

This system embraced the annuity concept as well as a pension benefit upon qualified retirement. … Rather, the majority, in the name of "vested right," establishes a prior claim to state funds, immune from the exercise by the legislature and the executive of their constitutional and statutory duties.

South Hollywood Hills Citizens Ass'n v. King County

101 Wash. 2d 68 · Washington Supreme Court · Feb 2, 1984

II The doctrine of exhaustion of administrative remedies is well established in Washington. … The record clearly indicates these procedures were followed.

In re the Personal Restraint of Cross

180 Wash. 2d 664 · Washington Supreme Court · Jun 26, 2014

The Supreme Court recruits and maintains a list of attorneys qualified for appointment by virtue of training or experience. Id. … Weyerhaeuser Co., 134 Wn.2d 795, 803 , 953 P.2d 800 (1998) (malingering can be established through expert and nonexpert opinion).

Klemens v. Air Line Pilots Ass'n, International

500 F. Supp. 735 · District Court, W.D. Washington · Oct 31, 1980

. § 402 (o), they do not qualify as “members” under the LMRDA. By its terms, the second proviso applies to “any such action”, which refers back to suits by union members against their unions. … The granting of motions to strike is not generally favored, because it is difficult to establish that a defense is clearly insufficient.

Hillis v. Department of Ecology

131 Wash. 2d 373 · Washington Supreme Court · Mar 6, 1997

Clearly, however, the relevant holding in Ellens-burg is simply that "The power of appropriation is vested in the Legislature. It is the rare case where the judiciary interferes with that power.” 118 Wn.2d at 718 . … Nor should we immunize state government from the natural consequences of its lawlessness. Governmental immunity has been abolished by statute. See RCW 4.92.090; 4.96.010.

Havens v. C & D PLASTICS, INC.

124 Wash. 2d 158 · Washington Supreme Court · Aug 22, 1994

He believed he had authority to do so and thought the individual was experienced and qualified for the job. … Plaintiff thought he was not qualified and did not hire him for the position.

Murray v. Amrine

28 Wash. App. 650 · Court of Appeals of Washington · Mar 20, 1981

The court also refused to give defendant's proposed instruction requiring the jury to find him guilty of gross negligence to establish liability. … State, 84 Wn.2d 959, 962-64 , 530 P.2d 630 (1975), Hammack and Nogosek are distinguishable in that both dealt with statutory abolition of a prior statutory immunity or defense.

State v. Stephan

35 Wash. App. 889 · Court of Appeals of Washington · Oct 31, 1983

Stephan attempted to present his limited involvement in the activities, the court asked if he was qualifying his statement. Mr. … Applying these rules, we hold the language quoted above refers to RCW 9A.04 through 9A.16, which defines terms, limits actions, establishes culpability and capacity, sets the standard of proof, establishes defenses, etc.

Snell v. State of Washington

District Court, W.D. Washington · Apr 19, 2023

10 established’ to preclude qualified immunity under Harlow and its progeny.” … immunity since 13 Plaintiff has provided no caselaw “clearly establishing” that her lawsuits involved issues of 14 public concern.

El Coba Co. Dormitories, Inc. v. Franklin County Public Utility District

8 Wash. App. 28 · Court of Appeals of Washington · Dec 6, 1972

The time for such filing was extended from *32 90 days, established for second-class cities, to a 1-year limitation for those “districts” which are specifically enumerated in RCW 53.52.010. … Section 1 thereof specifically states the legislative intent to waive governmental immunity for tort claims against any state government agency or its subdivisions.

Fornara

District Court, E.D. Washington · Feb 10, 2026

Plaintiff does not clearly allege 17 violations other than legal conclusions made throughout the pleading. … As established, Plaintiff did, at 14 times, provide facts and legal authority, but not consistently. 15 As was previously discussed, the same issues about state actors and 16 immunity arise with many

Johnson v. City of Tacoma

41 Wash. 51 · Washington Supreme Court · Dec 19, 1905

The personal injury case was clearly not one for opinion evidence, for the reason that the basis of the opinion had no definite standard. … It is further urged, however, that the witnesses were not shown to be qualified to give opinions. We think the record shows sufficient qualification to permit them to testify.

State v. Cole

68 Wash. 2d 400 · Washington Supreme Court · Apr 14, 1966

The trial court granted the request even though, technically, Cole, being a nonresident, did not qualify for such admission. … The jury was instructed on the issue of temporary insanity and the proof required to establish it. No exceptions were taken to any of the instructions, and they became the law of the case.

Werker v. Knox

197 Wash. 453 · Washington Supreme Court · Dec 27, 1938

1) Non Etta Werker, plaintiff, is a minor, age fourteen years; John Werker is her father and was duly appointed, and qualified, and is acting as guardian ad litem under proper appointment by this court. “(2) June 2nd, 1936 … It being established that Mrs.

Puget Sound Financial, L.L.C. v. Unisearch, Inc.

146 Wash. 2d 428 · Washington Supreme Court · Jun 6, 2002

We need not determine the impact of the first invoice to decide that, after 48 transactions, a course of dealing was clearly established. … The court then determined that 47 prior transactions were sufficient to establish a course of dealing. Id.

State v. Ayala

31 P.3d 58 · Court of Appeals of Washington · Sep 18, 2001

Without clearly articulating the basis for his claim, Mr. Ayala urges an equal protection violation in the charging decision. … "All facts tending to establish a theory of a party, or to qualify or disprove the testimony of his adversary, are relevant." Fenimore v. Donald M. Drake Constr.

Carlton Evans & Margaret Evans v. Spokane County

Court of Appeals of Washington · Nov 5, 2020

Alternatively, it ruled that the qualified nature of the duty—that a clear zone be created where its creation is practical and feasible—meant that legislative and discretionary immunity would apply. … Claims of immunity present an issue of law that we review de novo. Cf. Feis v. King County Sheriff’s Dep’t, 165 Wn. App. 525, 538, 267 P.3d 1022 (2011) (qualified immunity).

Skansi v. Novak

84 Wash. 39 · Washington Supreme Court · Feb 5, 1915

On cross-examination, he testified that the house he built to live in was on the bank, fifty or sixty feet above the shore line, and qualified his former answers as follows: “Q. (by Mr. Nichols). … This case is clearly ruled by the case of McNaught-Collins Improvement Co. v. May, supra, and the other decisions cited in connection with it. To hold otherwise would *47 be to return to the doctrine of Johnson v.

Newschwander v. Board of Trustees of Washington State Teachers' Retirement System

94 Wash. 2d 701 · Washington Supreme Court · Nov 26, 1980

foregoing it is clear the computation of WSTRS pension benefits for the class is regulated in part by RCW 41.32.497 which currently provides in relevant part: Any person who became a member on or before April 25, 1973 and who qualifies … Clearly the time of designation of creditable service occurred at the 1957 transfer.