Case law

Poole v. Seattle-First National Bank

741 F. Supp. 837 · District Court, E.D. Washington · Jun 11, 1990

occupation for which he is or could become qualified by training, education or experience.” … In the alternative, the plaintiff argues that the evidence so clearly establishes his disability that the Committee abused its discretion under an arbitrary and capricious standard.

In Re Dependency of TLG

108 P.3d 156 · Court of Appeals of Washington · Mar 7, 2005

Yet, after the dependency was established, mental health services were withheld pending the evaluations. … (f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home.

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

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

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.

Slach

District Court, W.D. Washington · Dec 17, 2025

immunity, database access regulations, 16 Monell liability, Fair Credit Reporting Act statutory interpretation, and digital forensics. … At present, 12 Plaintiff has not established a likelihood of success on the merits. The fact the Court has now 13 directed service on Defendants is not indicative of the likelihood of success on the merits.

Burns v. Alderson

51 Wash. 2d 810 · Washington Supreme Court · Feb 28, 1958

A third method is established by Laws of 1895, chapter 27, p. 42, as amended by Laws of 1925, Ex. Ses., chapter 137, p. 344. … The intent of the legislature to provide an additional method is clearly expressed in the act of 1903, § 3, p. 394, as follows: “This act shall not be construed to deprive city councils from submitting proposed charter amendments

Hornish v. King County

182 F. Supp. 3d 1124 · District Court, W.D. Washington · Apr 20, 2016

First of all, the Washington Supreme Court in Ker-shaw qualified their holding as follows: “[W]hen the granting document uses the term ‘right of way as a limitation or to define the purpose of the grant, it operates to ‘clearly … and expressly limit[ ] or qualify[y] the interest conveyed.’”

King County v. Superior Court for King County

199 Wash. 591 · Washington Supreme Court · Jul 15, 1939

awarding the county printing contract, with a view to giving said printing the widest publicity; and no newspaper shall be eligible as a competitor, nor shall a contract be let to any newspaper, unless the same shall have been established … In the case at bar, the trial court found that the county commissioners had properly called for bids, and it clearly appears that several bids were received, including one from the WCF, which bid was accepted by a majority

United States v. Washington State Dept. of Transp.

716 F. Supp. 2d 1009 · District Court, W.D. Washington · Jun 7, 2010

"[A]n entity may qualify as an arranger under § 9607(a)(3) when it takes intentional steps to dispose of a hazardous substance." Burlington Northern and Santa Fe Railway Co. v. … The U.S. responds by arguing that WSDOT has the burden of proof in establishing the affirmative defense that its releases were federally permitted and that the mere existence of a permit does not immunize WSDOT from liability

State v. Pavlik

165 Wash. App. 645 · Court of Appeals of Washington · Dec 22, 2011

The trial court ruled that his cooperation could be established without use of the statements. … Pavlik clearly has established an abuse of discretion, which is his burden in this *656 appeal.

Mayer v. Pierce County Medical Bureau, Inc.

80 Wash. App. 416 · Court of Appeals of Washington · Dec 19, 1995

Agreement and by the Bureau’s Bylaws. 2 As support, he cites two principles of general contract construction: (1) when there is an inconsistency between a general and a specific provision, the specific provision ordinarily qualifies … Although clearly applicable to the circumstances in this case, Mayer concedes that this legislation did not take effect until 1993, one year after the Bureau cancelled the Preferred Participant Agreement.

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.

Daniel Duffus v. City Of Seattle

Court of Appeals of Washington · Feb 23, 2015

Duffus asserts that because the 1904 deed established the west half of the residential lot as a separate building site, the decision is a clearly erroneous application of the law to the undisputed facts. … App. at 673-74.6 We affirmed denial ofa writ of mandamus because the deeds did not "clearly establish ]" or "demonstrate whether either conveyance was made for the express purpose of establishing a 'separate building site

State v. Otton

Washington Supreme Court · Jun 9, 2016

In order to effectuate the purposes of stare decisis, this court will reject its prior holdings only upon "a clear showing that an established rule is incorrect and harmful." ld. … Otton thus fails to show that Smith is clearly incorrect. 2.

In Re The Dependency Of: M.p. Paul Parvin, App. v. State Of Wa., Dshs, Res.

Court of Appeals of Washington · Dec 22, 2014

In August 2010, a dependency was established by agreed order as to both parents. … with adoption, or to continue efforts to return custody of the child to the parent; and (b) All parties agree to entry of the guardianship order and the proposed guardian is qualified, appropriate

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

In Re the Marriage of Dalthorp

23 Wash. App. 904 · Court of Appeals of Washington · Aug 7, 1979

No qualifying language such as that urged by appellant was added. … It is the first paragraph of RCW 2.08.180 which establishes the qualifications.

McLanahan v. FARMERS INSURANCE

66 Wash. App. 36 · Court of Appeals of Washington · Jun 9, 1992

McLanahan's attorney responded, stating coverage had been admitted by Farmers; the claim had been pending since February (correct date, March); Farmers had received an estimate from the only qualified mechanic in the Northwest … However, the evidence clearly established the insured attempted to comply with policy provisions and Farmers had over 6 months to have the damage evaluated.

Thurston County v. Cooper Point Ass'n

108 Wash. App. 429 · Court of Appeals of Washington · Sep 14, 2001

Thus, the County has not established that the proposed sewer line extension is “necessary.” … Laying a four-inch sewer pipe qualifies as an “urban governmental service,” which the GMA defines as “specifically including storm and sanitary sewer systems.” RCW 36.70A.030G9).