Case law

Soter v. Cowles Publishing Co.

162 Wash. 2d 716 · Washington Supreme Court · Dec 27, 2007

Requested Records ¶23 Agencies bear the burden of establishing that a particular public disclosure exemption applies. RCW 42.56.550(1). … phrases refer to the last antecedent, absent a comma before the qualifying phrase.

Edelman v. State

160 Wash. App. 294 · Court of Appeals of Washington · Feb 23, 2011

Indeed, it clearly does not require processing of incomplete forms, but instead requires that the applicant be given the opportunity to complete the form in a timely manner. 42 U.S.C. § 15483 (b)(4)(B). … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought. RCW 4.84.350(1) (emphasis added).

Boland v. King County Medical Blue Shield

798 F. Supp. 638 · District Court, W.D. Washington · Jul 9, 1992

The language of the Plan clearly confers authority on the Administrator, and the plaintiff does not dispute this point. … Every employee benefit plan shall be established and maintained pursuant to a written instrument.

Bradshaw v. City of Seattle

43 Wash. 2d 766 · Washington Supreme Court · Nov 30, 1953

It tended to establish these additional facts: Mr. Bradshaw was driving just within the twenty-five mile per hour speed limit. … It is claimed that, as a matter of law, the evidence established the fact that the crossing was not extrahazardous, that the negligence of Mr.

Miller v. City of Bainbridge Island

43 P.3d 1250 · Court of Appeals of Washington · Apr 12, 2002

The Strawberry Plant clearly did not qualify as residential; therefore, in 1969, the Strawberry Plant's then-current uses became legal nonconforming uses. … Substantial evidence in the record clearly supports the hearing examiner's determination that Miller failed to sustain his burden on this issue, and it is affirmed.

Utter v. Bldg. Indus. Ass'n of Wash.

Washington Supreme Court · Jan 22, 2015

BIA W established BIAW-MSC largely to administer a "retro program" under rules established by the Department of Labor and Industries (L&I). Clerk's Papers (CP) at 175. … Ass 'n of Wash., No. 89462-1 analysis of whether a particular investigation was thorough enough to qualify as an "action," especially without established standards to help the courts make such a determination.

Estate of Torres v. Kennewick School District No 17

District Court, E.D. Washington · Mar 28, 2024

Certification is appropriate where a federal court 2 “believe[s] that the Washington Supreme Court is better qualified to answer [the 3 question] in the first instance[,]” the question “has not been clearly determined … These 12 “entities” may include claimants, non-parties, third parties, and certain entities 13 immune from liability to the claimant. Id.

Jordan v. Foxx

107 F. Supp. 3d 1144 · District Court, W.D. Washington · May 11, 2015

Indeed, as set forth above, Defendant asserts that the position was given to Jennifer because she was equally qualified as Ms. … It is true that “co-workers’ assessment^]” of a plaintiffs work should be considered because they can be “clearly probative of pretext.” EEOC v.

Wilder v. United States of America

District Court, W.D. Washington · Mar 12, 2021

To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 23 established that judges are absolutely immune from … Plaintiff is hereby ORDERED to file on or before April 13, 2021, an amended 16 complaint which clearly and concisely identifies the acts of which

D.W. Close Co. v. Department of Labor & Industries

143 Wash. App. 118 · Court of Appeals of Washington · Feb 11, 2008

“An agency acting within the ambit of its administrative functions normally is best qualified to interpret its own rules, and its interpretation is entitled to considerable deference by the courts.” Pac. … It clearly reflects one view of industry practice and was not “willful and unreasoning and taken without regard to the attending facts or circumstances.” Wash. Indep., 148 Wn.2d at 905 .

Airport Communities Coalition v. Graves

280 F. Supp. 2d 1207 · District Court, W.D. Washington · Aug 18, 2003

As for the Eleventh Amendment, it addresses the immunity of states to suit. Nothing in Section 401 implicates sovereign immunity. … None of the three quantitative methodologies qualified for Washington, however, have been tailored to the slope wetlands that make up 30 percent of the impacted wetland acreage. AR 53752.

Mutual of Enumclaw Insurance v. Jerome

66 Wash. App. 756 · Court of Appeals of Washington · Aug 3, 1992

As a passenger in the Ederers' car, Jerome qualified as an insured under the liability provision of the Ederers' automobile insurance policy. … Ederer's bums clearly arose from his operation of the vehicle at the time of the accident and from his attempt to save the vehicle from destruction.

Kane v. Haynes

District Court, E.D. Washington · Oct 28, 2024

The PLRA permits the Court to dismiss 4 a claim that is “on its face, frivolous, malicious, fails to state a claim upon which 5 relief can be granted, or seeks monetary relief from a defendant who is immune 6 from … To determine if a dismissal qualifies as a strike, “the 17 central question is whether the dismissal ‘rang the PLRA bells of frivolous, 18 malicious, or failure to state a claim.’” El-Shaddai v.

State of Washington v. Francisco Gonzalez-Gonzalez

193 Wash. App. 683 · Court of Appeals of Washington · May 3, 2016

"The trial court's determination' s to the defendant's resources and ability to pay is essentially factual and should be revie ed under the clearly erroneous standard.'" State v. Bertrand, 165 Wn. … Gonzalez-Gonzalez was indigent and thu qualified for publicly funded counsel both for trial and on appeal, Mr. Gonzalez-Gonza ez testified that he was employed helping a mechanic at the time of his arrest.

Matter of Estate of Price

73 Wash. App. 745 · Court of Appeals of Washington · Apr 18, 1994

They claimed that Leland’s will was ambiguous, and argued that extrinsic evidence established his intent as regards the house. … Finally, she was of sound mind and qualified at law to be a witness. On these facts, Leann’s signature as a notary could properly be treated instead as the signature of an attesting witness.

Allis-Chalmers Corp. v. City of North Bonneville

113 Wash. 2d 108 · Washington Supreme Court · Jul 13, 1989

Ordinance 542 was passed when this controversy was brewing, years after North Bonneville's B&O tax structure was established. … whose resolution was not clearly foreshadowed?

Iceberg v. King County Superior Court

District Court, W.D. Washington · Feb 9, 2021

27 28 suit or for infringement of a legal interest that clearly does not exist. … motions, such 5 liability not been established here, and in any event the pleading does not demonstrate that the 6

In Re The Marriage Of: Gabriel Y. Lee v. Carol Ann Kennard

Court of Appeals of Washington · Sep 16, 2013

Qualified Domestic Relations Order Kennard argues that the trial court erred by refusing to enter the QDRO as presented by her attorney. … The language of RCW 26.09.140 clearly makes an award of fees and costs discretionary.

Beal v. City of Seattle

134 Wash. 2d 769 · Washington Supreme Court · Apr 2, 1998

We should not establish grounds for ancillary litigation to circumvent statutes of limitation. Courts may, and often do, overlook violations of the Rules of Civil Procedure when no prejudice results from the violation. … Rev. 505 , 529 (1987) (“[T]he drastic social and economic changes that have taken place since the public duty doctrine’s birth in the nineteenth century warrant that it *794 follow the doctrine of sovereign immunity into

Pope Res., LP v. Dep't of Nat. Res.

Washington Supreme Court · May 24, 2018

The question of who may qualify as an 'operator' under CERCLA is somewhat trickier."). … Hametiaux, The Value of Government Tort Liability: Washington State's Journeyfrom Immunity to Accountability, 30 SEATTLE U.L.