Case law

Ruiz-Guzman v. Amvac Chemical Corp.

141 Wash. 2d 493 · Washington Supreme Court · Aug 24, 2000

Under this approach, not all products that cannot be made safer would qualify as “unavoidably unsafe” products entitled to comment k’s protection. … The defendant manufacturer sought “immunity from liability resulting from its decision to use a more flammable propellant than one that was a suspected teratogen and ozone-depleter.” Id. at 980.

Better Financial Solutions, Inc. v. Transtech Electric, Inc.

112 Wash. App. 697 · Court of Appeals of Washington · Jul 29, 2002

could reach but one conclusion.” 9 Construction of Lien Statutes BFS’s right to obtain payment under the contractor and subcontractor bonds, RCW 39.08.010, and the retainage statute, RCW 60.28.011, depends on whether BFS qualifies … who were intended to be entitled to it, for example laborers and those who furnish supplies to a public works project. 23 We will not and cannot expand the class of proper claimants beyond that which the legislature has established

Silverstreak, Inc. v. Department of Labor & Industries

159 Wash. 2d 868 · Washington Supreme Court · Mar 29, 2007

Each of these conclusions qualified the drivers for prevailing wages. … Because belly-dump truck drivers spread the fill as they deliver it, they clearly fall within the regulation at issue here and are paid prevailing wages.

Victoria Tower Partnership v. City of Seattle

49 Wash. App. 755 · Court of Appeals of Washington · Nov 30, 1987

SEPA requires certain government agencies to establish environmental policies and regulations. RCW 43.21C.120. … There can be no doubt that the SEPA provisions qualify as "zoning and building ordinances".

Bennerstrom v. DEPT. OF LABOR & INDUSTRIES

86 P.3d 826 · Court of Appeals of Washington · Mar 29, 2004

But the money in those paychecks represented what his mother was qualified to receive for her care, not payment from DSHS to an employee. … We conclude that Bennerstrom fails to establish that he meets either prong of the Novenson test. He is not a DSHS employee. He does not qualify for workers' compensation benefits.

In re the Personal Restraint of King

146 Wash. 2d 658 · Washington Supreme Court · Jul 3, 2002

The Department cannot save its policy by qualifying an unambiguous mandate. “Courts should assume the Legislature means exactly what it says.” Berger v. Sonneland, 144 Wn.2d 91, 105 , 26 P.3d 257 (2001). … In 1995, as now, RCW 70.48.210 allowed cities and counties to establish farms, camps, work release programs, and special detention facilities, and permitted cities and counties to establish earned early release programs based

Boring v. Alaska Airlines, Inc.

123 Wash. App. 187 · Court of Appeals of Washington · Sep 13, 2004

However, a discharge of an at-will employee is wrongful if done in violation of a clearly articulated public policy. Thompson v. St. Regis Paper Co., 102 Wn.2d 219, 232 , 685 P.2d 1081 (1984). … Schuttloffel, 27 P.3d 361, 367 (Colo. 2001), the primary purpose of the act is to “promote air safety through the hiring of qualified pilots.”

Saffo v. Owens

District Court, W.D. Washington · Sep 23, 2021

Cal. 3 Sept. 10, 2018) (quoting Iqbal, 556 U.S. at 675-84) (“supervisor defendants are entitled to 4 qualified immunity where the allegations against them are simply ‘bald’ or ‘conclusory’ because 5 such allegations … do not ‘plausibly’ establish the supervisors’ personal involvement”). 6 II.

Densley v. Department of Retirement Systems

162 Wash. 2d 210 · Washington Supreme Court · Nov 15, 2007

He later established retroactive membership in PERS 1 to May 1977. … One clearly appears broader than the other.

State v. Kurtz

Washington Supreme Court · Sep 19, 2013

The State also contends that each element of the medical necessity defense is addressed by the Act and establishes inconsistencies between the two. … While some of these elements are indeed similar to the common law defense, they are not identical and are not clearly inconsistent.

City of Seattle v. Erickson

Washington Supreme Court · Jul 6, 2017

We have noted that "'[a] single invidiously discriminatory governmental act is not immunized by the absence of such discrimination in the making of other comparable decisions."' … We should assume that all members of the public who adhere to a summons to appear for jury service are qualified to hear a case unless otherwise shown.

Stevens v. United States Government

District Court, W.D. Washington · Apr 22, 2021

. § 1915(e)(2)(B), the Court must dismiss an in forma pauperis 20 complaint at any time if it fails to state a claim, raises frivolous or malicious claims, or seeks 21 monetary relief from a defendant who is immune from … But a private party can qualify if it is “a willful participant in joint action with the State or 19 its agents.” Kirtley v.

Port of Seattle v. Pollution Control Hearings Board

151 Wash. 2d 568 · Washington Supreme Court · May 14, 2004

“Metals criteria may be adjusted on a site-specific basis when data are made available to the department clearly demonstrating the effective use of the water effects ratio approach established by the USEPA [United States … ACC and CASE argued that the Vacca Farm site was not sufficiently degraded to qualify for restoration.

City of Bellevue v. International Ass'n of Fire Fighters, Local 1604

119 Wash. 2d 373 · Washington Supreme Court · Jun 25, 1992

This power shall not be affected or impaired by any means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law. RCW 41.56.160. … However, the statute expressly qualifies this exclusion from the duty to bargain in good faith with the language "unless otherwise provided in" RCW 41.56. RCW 41.56.030(4).

State Of Washington v. Terrance Jon Irby

415 P.3d 611 · Court of Appeals of Washington · Apr 16, 2018

In addition, the trial court clearly instructed the jury venire that the purpose of its questions during voir dire was to Identify biased jurors. … Indeed,"[t]tle right to waive counsel does not include a right to be immune from the consequences of self- representation." State v.

East Gig Harbor Improvement Association v. Pierce County

106 Wash. 2d 707 · Washington Supreme Court · Sep 11, 1986

The Association has established that two of its members, Mr. and Mrs. Deeds, own property adjacent to the subdivision at issue. See Affidavit of Thomas Morfee, Clerk's Papers, at 56. Since Mr. and Mrs. … Although the issue was not clearly framed in the court below the parties did argue the issue and did discuss relevant authority in their briefs.

Simpson Inv. Co. v. STATE, DEPT. OF REV.

965 P.2d 654 · Court of Appeals of Washington · Dec 11, 1998

But if the ambiguity concerns an exemption or deduction, the burden is on the taxpayer to establish an exemption, Deaconess Med. Ctr. v. … Simpson is clearly not engaged in banking, loan, or security businesses. The question is whether Simpson is engaged in a "financial business."

State v. Strauss

119 Wash. 2d 401 · Washington Supreme Court · Jul 9, 1992

The court's observations in Sauve clearly do not apply to this case. The Court of Appeals explicitly held that the trial court erred in finding the aggravating factors at issue. … We do not reach this argument because even if the confrontation clause were to apply at sentencing hearings, the defendant has failed to establish that the clause was violated in his particular case.

Snohomish County v. Allied World National Assurance Co.

276 F. Supp. 3d 1046 · District Court, W.D. Washington · Aug 18, 2017

“Land subsidence” is clearly defined to include “the movement of land or earth, including, but not limited to ... landslide[s] ...” (Id, at 12.) … As has been established supra, property damage arising from wrongful acts is clearly excluded from coverage,under the ICSOP policies.

Overlake Fund v. City of Bellevue

60 Wash. App. 787 · Court of Appeals of Washington · Apr 8, 1991

In September 1989, Terry verbally advised Overlake that the DDD intended to recommend denial of Over lake's project because its proposed hotel height did not qualify for a variance. … Clearly, his decision to recommend denial of Overlake's requested variance is properly characterized as "agency action."