Case law

State v. France

120 P.3d 654 · Court of Appeals of Washington · Oct 4, 2005

Instead he asked questions designed to obtain an admission from France that he knew about the no-contact order, an element of the crime charged that is most clearly established by a defendant's admission. … We should have qualified it by stating that based on the record presented to us on appeal, "other than France's tainted confession of his knowledge of the no-contact order, the State presented no evidence France knew of the

BALLARD SQUARE CONDOMINIUM v. Dynasty Construction Co.

146 P.3d 914 · Washington Supreme Court · Nov 9, 2006

. ¶ 23 The general rule, that as to preexisting actions a new limitations period runs from the date of its enactment, has an important qualifier. … "A statute which is clearly designed as a substitute for the prior common *924 law must be given effect." Id. at 221 , 517 P.2d 585 .

In Re King

49 P.3d 854 · Washington Supreme Court · Jul 3, 2002

The Department cannot save its policy by qualifying an unambiguous mandate. "Courts should assume the Legislature means exactly what it says." Berger v. Sonneland, 144 Wash.2d 91, 105 , 26 P.3d 257 *857 (2001). … The Legislature amended RCW 72.09.130 in 1995 to explicitly identify the incentives as earned early release days and other privileges and clearly link these incentives to inmates' behavior and participation in education and

MacLean v. First Northwest Industries of America, Inc.

96 Wash. 2d 338 · Washington Supreme Court · Nov 25, 1981

Slenderella Sys., 54 Wn.2d 440, 443 , 341 P.2d 859 (1959), that principle again, but less clearly, appears. There, a beauty salon subtly refused to serve a black woman. … Such allegations, had respondent been allowed to prove them, could establish actual damage.

Doe v. Washington State Patrol

185 Wash. 2d 363 · Washington Supreme Court · Apr 7, 2016

Disclosure of Level I Sex Offender Registry Information and Entered a Properly Tailored Injunction ¶46 When reviewing a trial court order enjoining disclosure under the PRA, “ ‘[w]e start with the proposition that the act establishes … As a practical matter, the PRA’s stiff monetary penalties, combined with the CPA’s grant of immunity for “the release of relevant and necessary information,” RCW 4.24.550(7), create an incentive for agencies to ignore the

State v. Nelson

131 Wash. App. 175 · Court of Appeals of Washington · Nov 22, 2005

. *178 ¶3 At sentencing, the State requested that the trial court order a PSI, asserting that one was required under RCW 9-.94A.500(1) because failure to register qualified as a sex offense under RCW 9.94A.030(38)(a)(i). … supporting this conclusion. ¶8 Although the legislature defined the term “sex offense” in chapter 9.94A RCW, it chose to use the term “sexual offense” rather than “sex offense” in RCW 9-.94A.500(1). 4 Thus, the legislature clearly

Public Utility District No. 1 v. Washington Water Power Co.

20 Wash. 2d 384 · Washington Supreme Court · Apr 7, 1944

Between that time and the payment the owner has only a qualified use of his property. *388 He may use it as it is, but he cannot improve or sell it except subject to rights acquired by the condemnation. … Clearly, this decision cannot be said to overrule the Donofrio and Aumiller cases by implication, for the question decided in those cases was not, and could not properly be, an issue before the court upon the application

Milligan v. Thompson

90 Wash. App. 586 · Court of Appeals of Washington · Mar 27, 1998

In 1972, DSHS established the “Indian Desk,” later known as the Office of Indian Affairs, and appointed Milligan as Supervisor. … Exhaustion is required when: (1) a claim is cognizable in the first instance by an agency alone; (2) the agency has clearly established mechanisms for the resolution of complaints by aggrieved parties; and (3) the administrative

State v. Williams

12 Wash. 2d 1 · Washington Supreme Court · Dec 24, 1941

A qualified engineering expert, testifying for respondents, in answer to the question “What is your opinion as to what caused the slide?” … establishing, if that be possible, a rule by which litigants and trial courts may in future determine into which class a given case may fall.”

Restaurant Employees, Bartenders & Hotel Service Employees Welfare Fund v. Rhodes

90 Wash. 2d 162 · Washington Supreme Court · Jun 8, 1978

It thus appears that the National Labor Relations Act clearly precludes defendant's reliance upon the prior or contemporaneous oral agreement upon which its defense to these actions is based. … To suppress industrial strife based on this type of controversy national labor policy requires that the clear and unambiguous requirements of the written collective bargaining agreement be immune from attack found on a covert

Weyerhaeuser Co. v. King County

91 Wash. 2d 721 · Washington Supreme Court · Mar 29, 1979

Its conclusion that the road met the requirements of a "development" is neither arbitrary and capricious nor clearly erroneous. … The Department of Ecology has sole responsibility for establishing state water quality standards under the provisions of the WPCA. RCW 90.48.420(1).

Cheesman v. Ellensburg School District

District Court, E.D. Washington · Feb 18, 2020

not find that Plaintiff’s constitutional rights 6 were violated when school officials asked L.C. about the bruising around her eye. 7 Even if this were a constitutional violation, Defendants would be entitled to 8 qualified … immunity as there is no clearly established law addressing this issue.

Matter of Personal Restraint of Cashaw

123 Wash. 2d 138 · Washington Supreme Court · Jan 27, 1994

He has clearly demonstrated a lack of rehabilitation by continuing to violate the conditions of his parole and the law. … See also RCW 10.73.140 (placing additional limitations on the filing of subsequent PRP’s). 6 The Board’s administrative regulations qualify as "laws of the State of Washington” as that term is used in RAP 16.4(c)(2), (6).

Fair Price House Moving Co. v. Pacleb

42 Wash. App. 813 · Court of Appeals of Washington · Feb 18, 1986

Assuming that Galer and LaBelle would other *817 wise qualify as the Paclebs' agents for establishing the statutory lien, the evidence in the submitted documents is that Galer and LaBelle were not registered in compliance … The statute will not be extended to benefit those who do not come clearly within its terms. Fair Price has not met its burden of establishing a lien. Northlake Concrete, at 813.

In Re Hawaiian & Guamanian Cabotage Antitrust Litigation

647 F. Supp. 2d 1250 · District Court, W.D. Washington · Aug 18, 2009

The shippers argued that Keogh created an immunity from the antitrust laws, that the Reed-Bulwinkle Act delineated an immunity only for specific ratemaking activities, and that the broader immunity articulated in Keogh had … Whether such trees or wood would qualify as “forest products” or be otherwise excluded from tariffs was not pleaded or briefed and remains unclear.

Allen v. Wood

970 F. Supp. 824 · District Court, E.D. Washington · Jun 9, 1997

The Supreme Court also has clearly held that restrictions upon prisoners’ constitutional rights are permissible, so long as those restrictions are “reasonably related to legitimate penological interests.” Turner v. … immunity.

In Re The Detention Of Robert Lough

533 P.3d 1184 · Court of Appeals of Washington · Aug 14, 2023

Lough must establish that he has “so changed” through sex offender specific treatment. … These comprehensive procedural protections continue throughout commitment, including annual examinations by a qualified evaluator and the right to obtain their own qualified expert to conduct an evaluation.

State v. Cardenas

914 P.2d 57 · Washington Supreme Court · Apr 11, 1996

Clearly Excessive Sentence Finally, Cardenas argues that even if the aggravating factors support the imposition of an exceptional sentence, the sentence is clearly excessive. … The latter conclusion does not, however, establish that Cardenas knew or should have known of Michel's vulnerability.

Vanessa Velasco Ortega v. Okanogan County, Washington; Okanogan County Sheriff’s Office; Isaiah Holloway

District Court, E.D. Washington · Aug 4, 2026

immunity. … Holloway was shielded by qualified immunity from Plaintiff’s Fourteenth 15 Amendment equal protection claim.

Bradford v. Life Insurance Co. of North America

49 F. Supp. 3d 789 · District Court, E.D. Washington · Sep 8, 2014

Evidence outside the administrative record may only be considered when “circumstances clearly establish that it is necessary to conduct an adequate de novo review of the benefit decision.” *791 Ingram v. … Bradford’s physical capacities clearly states that Mr. Bradford can only sit on an occasional basis.