Case law

State Of Washington, V Arkangel D. Howard

Court of Appeals of Washington · Dec 8, 2020

Howard still does not qualify as a persistent offender. … charged and then clearly proved beyond a reasonable doubt to a jury or admitted by the defendant.” 180 Wn.2d at 476.

Maxwell v. Department of Labor & Industries

25 Wash. App. 202 · Court of Appeals of Washington · Jan 17, 1980

Regis established such an account; it is conceivable the Department did not require it to do so. … Neither the equal protection clause nor the privileges and immunities clause requires perfection in legislative classification.

Evergreen Freedom Foundation v. Locke

110 P.3d 858 · Court of Appeals of Washington · Apr 26, 2005

The state agency has the burden to establish the applicability of the relevant exceptions. … It discusses and details the program components that Boeing is clearly attempting to keep confidential.

Horn v. Moberg

68 Wash. App. 551 · Court of Appeals of Washington · Feb 1, 1993

Co., supra , in all of which the Supreme Court denied review. [4] The Horns' decision to dismiss their claim against Maytag was clearly an exercise of independent business judgment. Mr. … The record in this case fails to establish legal causation between the alleged negligence of Moberg and the damages sustained by the Horns. It follows that proximate cause has not been established as a matter of law.

State v. Suleiman

143 P.3d 795 · Washington Supreme Court · Oct 5, 2006

These documents clearly establish the underlying facts, including that the women were screaming for Suleiman to slow down or stop the car, and in response he drove more aggressively. CP at 3, 6-7. … Nordby, 106 Wash.2d at 517-18 , 723 P.2d 1117 ; see also Cardenas, 129 Wash.2d at 5 , 914 P.2d 57 (applying a clearly erroneous standard to this question); State v.

Arthur West, V City Of Puyallup

410 P.3d 1197 · Court of Appeals of Washington · Feb 21, 2018

This element is established even if the information only indirectly relates to the conduct of government or to government functions. Id. at 880. … Door’s position as a City Council member clearly did not require that she post on Facebook. And there is no evidence in the record that the City in any way directed that Door prepare the posts.

In Re The Welfare Of: J.b., Jr.

Court of Appeals of Washington · Dec 28, 2016

To establish element (f), DSHS must show “[t]hat continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.” … These orders established: (1) that all six elements required for termination had been established by clear, cogent, and convincing evidence, including that continuation of the parent and child relationship clearly diminishes

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.

Tesoro Refining & Marketing v. State, Dor

190 P.3d 28 · Washington Supreme Court · Aug 14, 2008

Tesoro argued it qualified for a tax exemption under WAC 458-20-252(7)(b) (Rule 252(7)(b)). … The word "or" in the definition of "`[c]ontrol'" is not susceptible to multiple reasonable interpretations — it is clearly disjunctive.

Baker v. State of Washington Department of Corrections

District Court, W.D. Washington · Dec 5, 2024

City of Canton v. 20 Harris, 489 U.S. 378, 385-90 (1989). 21 Plaintiff again fails to clearly allege facts that show his rights were violated by the 22 defendants. … Additionally, there is no evidence the state of Washington has waived its Eleventh 9 Amendment immunity in federal courts.

Nickum v. City of Bainbridge Island

153 Wash. App. 366 · Court of Appeals of Washington · Nov 24, 2009

App. 407, 408-10 , 799 P.2d 268 (1990) the bodies issuing the disputed permits failed to comply with clearly applicable statutory notice requirements. … Both Verizon and the City qualify as prevailing parties.

Evergreen Freedom Foundation v. Locke

127 Wash. App. 243 · Court of Appeals of Washington · Apr 26, 2005

The state agency has the burden to establish the applicability of the relevant exceptions. … It discusses and details the program components that Boeing is clearly attempting to keep confidential.

State v. Simms

10 Wash. App. 75 · Court of Appeals of Washington · Dec 5, 1973

The law is well established in this state, consistent with the decisions of the United States Supreme Court, that in a criminal prosecution, evidence unlawfully seized will be excluded. State v. … as follows: Confining ourselves to seizure of evidence relative to a new and independent criminal action, we believe it fairer and far more realistic that an Iowa State parolee’s Fourth Amendment rights, privileges and immunities

Anderson & Middleton Lumber Co. v. Lumbermen's Mutual Casualty Co.

53 Wash. 2d 404 · Washington Supreme Court · Jan 9, 1959

These principles are well established in this jurisdiction. Lesamiz v. Lawyers Title Ins. Corp., 51 Wn. (2d) 835, 322 P. (2d) 351 . … The use of diligence and dispatch in obtaining and installing the replacement was a condition which the plaintiff was required to meet, under the terms of the policy, in order to qualify for the per diem loss of business

State v. Damon

16 Wash. App. 845 · Court of Appeals of Washington · Jan 31, 1977

(d) Regular counseling or psychotherapy with qualified personnel. (e) A social milieu and peer group models of acceptable behavior not too far above nor too far below his level of function or intellectual capability. … Although the Rouse decision is rather clearly based on the presence of a statute, the court did intimate that even in the absence of a statute, failure to provide treatment while confined to an institution would violate an

Seattle Hardware Co. v. Squire

83 F. Supp. 106 · District Court, W.D. Washington · Dec 30, 1948

This is an action brought under section 1340 of 28 U.S.C.A., as qualified by section 3772 of the Internal Revenue Code, as amended, 26 U.S.C.A. § 3772 , for the recovery of income and excess profits taxes, alleged to have … It prospered and expanded with the rapid growth of the city during the years following its establishment.

Crose v. Volkswagenwerk Aktiengesellschaft

88 Wash. 2d 50 · Washington Supreme Court · Jan 6, 1977

Those corporations involved in the Volkswagen distribution scheme should not be allowed to circumvent the rights of the citizens of this state or to provide themselves with immunity merely by their choice of organizational … It is VW-America's position that the only admissible evidence in the record establishes that VW-America did not import, distribute, or otherwise control the vehicle in question and that the facts before the Superior Court

In re Estate of Hambleton

Washington Supreme Court · Oct 2, 2014

The amendment allows the Department of Revenue (DOR) to tax qualified terminable interest property (QTIP) as part of a surviving spouse's estate. … Since no citizen enjoys immunity from that burden, its retroactive imposition does not necessarily infringe due process .... " Carlton, 512 U.S. at 33 (alteration in original).

Zayas v. King County

District Court, W.D. Washington · Sep 20, 2023

. § 1915(e)(2), this Court ordered Plaintiff to file 19 an amended complaint by September 13, 2023, in which she clearly explains what relief she 20 seeks, provides facts to overcome the immunity barriers she faces, and … /or names defendants who 21 are not protected by immunity.

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).