Case law

Wilder v. Washington State Administrative Office of the Courts

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

To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 24 established that judges are absolutely immune from … Plaintiff is hereby ORDERED to file on or before April 13, 2021, an amended 25 complaint which clearly and concisely identifies the acts of which

City Of Seattle v. Janet Norman

Court of Appeals of Washington · Feb 16, 2016

Norman's Fourteenth Amendment equal protection claim fails for lack of authority. 8 No. 72667-6-1/9 To establish a violation of the privileges and immunities clause of … A person's property interest in dogs is imperfect or qualified rather than absolute. Am. Dog Owners Ass'n v. City ofYakima, 113 Wn.2d213, 777 P.2d 1046 (1989); Rabon, 107 Wn. App. at 743.

Thys v. State

31 Wash. 2d 739 · Washington Supreme Court · Nov 4, 1948

Case to shares of stock. *772 While the Farmers Loan Co., Beidler, and Baldwin Cases all dealt with bonds, notes, and credits, the court pointed out that the rule of immunity from taxation in more than one state was broader … The written agreement between respondents and Lindeman Power Equipment Company, clearly indicates that it contained two contracts in one instrument; first, the contract for the sale of the machine; and, second, a license

State Ex Rel. Campbell v. Cook

86 Wash. App. 761 · Court of Appeals of Washington · Jun 13, 1997

On September 28, 1978, Campbell and the State of Washington filed a petition to establish paternity, alleging that Cook was D.J.C.’s biological father. … Cook also asserts that the GAL was not qualified to make psychological determinations concerning D.J.C.’s well-being. The record shows that the GAL was qualified to make a determination as to D.J.C.’s best interests.

In Re Dependency of AM

22 P.3d 828 · Court of Appeals of Washington · May 7, 2001

Applebee to contact the DSHS to establish an appropriate plan, including visitation. Ms. Alexander remained in contact with the Tribe, with Ms. … (f) No termination of parental rights may be ordered in such proceeding in the absence of a determination supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued

Snyder v. Medical Service Corp.

35 P.3d 1158 · Washington Supreme Court · Dec 13, 2001

measures to make such opportunities known to her and to determine whether she is in fact qualified. … known to the employee and to determine whether the employee was in fact qualified for such position."

State v. Rivers

1 Wash. 3d 834 · Washington Supreme Court · Aug 3, 2023

Smith, 559 U.S. at 333 n.6 (“We have also never ‘clearly’ decided, 24 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/. State v. … An expert may be qualified based on “knowledge, skill, experience, training, or education.” Id. It is well established that an expert may be qualified by experience alone. Johnston-Forbes v.

J.L. Storedahl & Sons, Inc. v. Clark County

143 Wash. App. 920 · Court of Appeals of Washington · Apr 8, 2008

In 1973, the County amended the F-X zone to limit permitted uses, but provided: *924 All uses in existence and occurring on a specific parcel of land which legally qualified as “permitted uses” under provisions of the former … And finally, the clearly erroneous test under (d) involves applying the law to the facts. Cingular Wireless, 131 Wn. App. at 768 (citing Citizens to Pres. Pioneer Park, LLC v. City of Mercer Island, 106 Wn.

In Re Hofstee

88 B.R. 308 · United States Bankruptcy Court, E.D. Washington · Aug 3, 1988

Furthermore, the obtaining of the funds also rests upon the slaughter of the herd (which is clearly property of the estate) and not using the real estate or dairy barn (again clearly property of the estate). … Such amount, if established, has obviously been at the expense of the debtors’ right to a “fresh *314 start” under the equitable principles of bankruptcy law.

State v. Carranza

24 Wash. App. 311 · Court of Appeals of Washington · Sep 20, 1979

The statutory language provides no alternatives to refusal, but clearly states a test may be administered without consent. … [W]hen, in the exercise of their power to arrest, the police deprived the arrested person of the opportunity to obtain evidence that might establish his innocence, they are suppressing it just as effectively as if it did

City of Fairhaven v. Cowgill

8 Wash. 686 · Washington Supreme Court · May 17, 1894

That there had been erasures in both places was clearly evident from an inspection of the paper. … Knowing themselves to have signed the bond, they, with Evans, endeavored to secure the money in the bank for their benefit in case their liability should be established.

Anderson v. Liberty Mutual Long Term Disability Plan

116 F. Supp. 3d 1228 · District Court, W.D. Washington · Jul 27, 2015

Defendants argue that the medical evidence and post-diagnosis surveillance do not establish that Ms. Anderson is totally disabled. … Anderson will qualify as disabled under the Plan if she can establish that she is unable to perform, as a result of illness or disease, the responsibilities that she is normally required ,to perform in her job, which cannot

City of Seattle v. Jones

3 Wash. App. 431 · Court of Appeals of Washington · Oct 19, 1970

Clearly the achievement of such objective is a legitimate exercise of the police power. … But, a suspect’s immunity from arrest without probable cause is augmented rather than dimin *439 ished by the reference to a “known prostitute” in subsection (g) of the ordinance.

Simonson v. "U" District Office Building Corp.

70 Wash. 2d 35 · Washington Supreme Court · Dec 22, 1966

This conduct of the parties clearly manifested a mutual undertaking. … Finally we reach defendant’s argument that Simonson is estopped and has waived any right to establish an implied contract.

In Re Bronson's Estate

185 Wash. 536 · Washington Supreme Court · Apr 1, 1936

It clearly appeared that Bernot was waging a cause of action absolutely identical with that which he had sought to present in the first cause. … Upon such hearing the court shall make and cause to be entered a formal order, either establishing and probating such will, or refusing to establish and probate *546 the same, and snch order shall be conclusive as against

Anderson v. Dreis & Krump Manufacturing Corp.

48 Wash. App. 432 · Court of Appeals of Washington · Jul 9, 1987

Factual causation is established between a defendant's act and a subsequent injury only where it can be said the injury would not have occurred "but for" the defendant's act. W. Keeton, D. Dobbs, R. Keeton, & D. … The court, at page 346, held this modification caused the accident, stating: Clearly, the substitution of the easily depressed mobile electrical foot switch for the original fixed elevated mechanical treadle that was responsive

Engelstein v. United States Department of Agriculture

District Court, W.D. Washington · Sep 11, 2023

Although the FTCA generally waives sovereign 15 immunity for negligence claims, the United States argues that sovereign immunity 16 applies in this case because of two exceptions to the FTCA’s waiver: the independent … On numerous occasions in 5 his declaration, Gebhard qualifies his statement with phrases such as “I believe” or “it is 6 my understanding.” Gebhard Decl. at 2–4 (docket no. 170).

Abolfazl Hosseinzadeh, App-cross V. Swedish Health Services, Resp-cross App

Court of Appeals of Washington · Nov 25, 2024

Pinales is not qualified to establish the standard of care for an LMFT, psychiatrist, or hospital, though he maintains that Dr. … Perez are not qualified to establish the relevant standards of care. 7 Dr. Perez’s and Dr.

Young v. Safeco Insurance Company of America

District Court, W.D. Washington · Apr 8, 2022

in the sound discretion 1 of the court.”); Zolin, 491 U.S. at 569 (the practice of “requiring parties who seek to avoid 2 disclosure of documents to make the documents available for in camera inspection” is “well 3 established … Id. at 3. 1 The work product doctrine is a qualified immunity that protects “certain materials prepared 2 by an attorney acting for his client in anticipation of litigation.” United States v.

Witters v. Commission for the Blind

112 Wash. 2d 363 · Washington Supreme Court · Apr 20, 1989

Clearly freedom of belief protected by the Free Exercise Clause embraces freedom to profess or practice that belief, even including doing so to earn a livelihood. … Witters "otherwise qualifies". Payment should be made to him not as a ministry student, but as a visually handicapped student.