Case law

Bennett v. United States

District Court, W.D. Washington · Oct 1, 2020

immunities clause. … When in the opinion of any federal court before whom a proceeding is pending, it is necessary to ascertain the local law of this state in order to 2 dispose of such proceeding and the local law has not been clearly

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

Court of Appeals of Washington · Oct 20, 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

Department of Ecology v. Acquavella

177 Wash. 2d 299 · Washington Supreme Court · Mar 7, 2013

The qualifying Northside parties may hold the right regardless of whether it will be fulfilled. ¶77 We affirm, as a general proposition, the trial court’s ruling granting qualifying Northside parties a right to use excess … The trial court properly denied qualifying Northside users a right to use excess water after July 10 ¶78 The trial court denied qualifying Northside users the right to use excess water after July 10.

SEATTLE PRO. ENG. EMP. ASS'N v. Boeing Co.

963 P.2d 204 · Court of Appeals of Washington · Oct 6, 1998

,..., yield to what the legislature has established as the law." … Thus, the qualified employees should have been compensated for the time spent at orientation at the agreed-upon rate as contained in their employment agreement because orientation was work and the qualified plaintiffs were

State v. Yarbrough

151 Wash. App. 66 · Court of Appeals of Washington · Jun 30, 2009

Although Dudley could see that someone was holding a gun, he could not clearly see who that person was. … And Ringer’s testimony was “otherwise admissible” because he was clearly qualified as a gang expert given his extensive training and years of experience and his testimony was helpful to the jury as it provided the context

Rahman v. Napolitano

814 F. Supp. 2d 1098 · District Court, W.D. Washington · Dec 9, 2011

When USCIS ultimately denied Intellibytes’s 2006 and 2007 H-lB petitions, it concluded that Intellibytes did not qualify as an employer, and that the record of evidence did not sufficiently establish the other requirements … Montgomery, 825 F.2d 1084 , 1090 (6th Cir.1987) (stating that the agency should not be bound by an action that was clearly an oversight).

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.

Lawyers Title Insurance v. Baik

147 Wash. 2d 536 · Washington Supreme Court · Oct 17, 2002

First, where a party is peculiarly qualified, by experience and expert knowledge, to evaluate the truth or falsity of a representation, the party has no right to rely on such statements. Beckendorf v. … Relying on clearly established Washington precedent, the Court of Appeals properly concluded that Lawyers Title’s reliance on Chae’s letter as a guaranty of no ultimate tax liability was not justified because it “failed to

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.

State v. Gassman

248 P.3d 155 · Court of Appeals of Washington · Mar 15, 2011

excessive or clearly too lenient." … Gassman cannot establish prejudice." Opinion at 161.

Adler v. Adler

52 Wash. 539 · Washington Supreme Court · Apr 12, 1909

Ellenborough been as established by the statute, the will in question in Kenebal v. … Our conclusion then is that the words “or unless she be provided for in the will,” being in the disjunctive and in no way qualified by the usual term “in contemplation of marriage,” refer to a condition existing at the time

Cruzado v. Rogers

District Court, W.D. Washington · Feb 22, 2022

“To establish extreme and outrageous conduct, a plaintiff must show 2 that the conduct was so outrageous in character, and so extreme in degree, as to go beyond all 3 possible bounds of decency, and to be regarded as … That basic rule comports fully with the Supreme Court’s decision in New Hampshire: (1) the positions are clearly inconsistent (“a claim 18 does not exist” vs.

Northwest Motorcycle Ass'n v. Interagency Committee for Outdoor Recreation

127 Wash. App. 408 · Court of Appeals of Washington · May 5, 2005

This intent is clearly expressed in the unambiguous language of the provision. Id. at 810. … A refund authorized by law is clearly authorized by the provision.

In Re the Welfare of Snyder

85 Wash. 2d 182 · Washington Supreme Court · Feb 27, 1975

This child has established a pattern of refusing to obey her parents and, on two occasions, has, in effect, fled her home by filing petitions in the Juvenile Court in order that she might be made a ward of the court. … Furthermore, we have not deviated from the rule that when an interested party testifies, the rate at which that evidence is discounted, if a all, should be determined by the trial judge, who is far better qualified to make

State v. Hayes

81 Wash. App. 425 · Court of Appeals of Washington · Apr 29, 1996

To hold as a matter of law that generic testimony is always insufficient to sustain a conviction of a resident child molester risks unfairly immunizing from prosecution those offenders who subject young victims to multiple … Her further testimony that these acts occurred during the period between 1990 and 1992 is sufficient to establish the third prong.

Port Angeles v. Our Water-Our Choice!

239 P.3d 589 · Washington Supreme Court · Sep 23, 2010

The parties agreed to allow the auditor to count the signatures, and the auditor found that enough had been gathered to qualify the initiatives for the ballot. … States are permitted to provide greater protection than the minimums established by the SDWA. 42 U.S.C. § 300g-2(a)(1).

Wick v. Western Union Life Insurance

104 Wash. 129 · Washington Supreme Court · Nov 13, 1918

It has been engaged in business for a number of years, has a large and well established business, being well known in Spokane and throughout the state. … In addition, the rule for the construction of contracts first mentioned is qualified or extended in such way that the intention of the parties is to be gathered, not from detached parts of the instrument, but from the whole

Hartman v. State of Washington Department of Children Youth and Families

District Court, W.D. Washington · Jul 1, 2024

Wiester ignored exculpatory, 21 “objective medical evidence establishing that no abuse was taking place.” … App. 2005). 3 “[C]ommunication to a single person or a small group does not qualify.”

Bollinger v. Residential Capital, LLC

863 F. Supp. 2d 1041 · District Court, W.D. Washington · May 30, 2012

Morgan Chase & Co., 587 F.3d 529 (2d Cir.2009), which reversed Whalen and held that underwriters did not qualify for the FLSA’s administrative exemption. … An employer cannot act in conformity with Administrator guidance where the guidance does not clearly apply to the employer’s circumstances.

Asarco, Inc. v. Puget Sound Air Pollution Control Agency

51 Wash. App. 49 · Court of Appeals of Washington · Apr 8, 1988

Otherwise, one could never qualify for a variance. … Arguably one might claim there exists a conflict between the definition of the term air pollution, which is clearly proscribed, and declaring it unlawful to violate rules and regulations establishing air quality standards