Case law

Naini v. King County Hospital District No 2

District Court, W.D. Washington · Jan 21, 2020

are entitled to qualified 6 immunity. … Here, however, the Court is unable to resolve the qualified immunity issue 9 because it cannot determine whether the individual Defendants violated a “clearly established” 10 right unless it receives proper briefing about

Walters v. Christensen

191 Wash. 602 · Washington Supreme Court · Sep 23, 1937

Gunstone made formal application for letters of administration, and was appointed and qualified as administratrix. … The appellant failed to establish a right to relief in respect of her first cause of action, first, because she did not establish the facts necessary to create a resulting trust; and, secondly, because, having failed to file

Grae-El v. City of Seattle

District Court, W.D. Washington · Mar 10, 2022

Establishing that liberty interest is 2 necessary but not sufficient to establishing a constitutional violation, however. … law immunizes those who report suspected child abuse in good faith.

Sedlacek v. Hillis

104 Wash. App. 1 · Court of Appeals of Washington · Jul 10, 2000

Greene was clearly an independent contractor. Under WAC 162-16-160(11) independent contractors will not be counted as employees. … Prior judicial decisions may also establish the relevant public policy.

In Re Detention of Ambers

158 P.3d 1144 · Washington Supreme Court · May 31, 2007

Thus, the State argues, the legislature intended to establish a more stringent standard for detainees to meet. … Ambers' clinical record indicates that, though lapses are clearly indicated, he has benefited from treatment."); CP at 465 ("Mr.

In Re the Personal Restraint of Griffith

102 Wash. 2d 100 · Washington Supreme Court · Jun 28, 1984

It is not necessary to establish intent by direct and positive evidence, but intent may be established by inference and in the same way as any other fact by taking into consideration the acts of the parties and all the facts … This language, the latter version of which was given by the trial court, qualifies to some extent the otherwise flat irrebuttable presumption contained in the prosecutor's proposed instruction.

Bellevue Plaza, Inc. v. City of Bellevue

121 Wash. 2d 397 · Washington Supreme Court · May 13, 1993

The sole purpose of a presumption is to establish which party has the burden of going forward with evidence on an issue. . . . (Citations omitted.) … The opinions of the City's only expert were clearly grounded on a fundamentally wrong basis and must be disregarded.

State v. Deatherage

35 Wash. 326 · Washington Supreme Court · Jul 8, 1904

But conceding, without deciding, that this *331 proposition is correct, still we find nothing in the record showing that the witness was not qualified to testify that, the appellant was under arrest at the time he saw him … It is true that the testimony in question was not alone sufficient to establish the fact that the appellant was fleeing from justice, but it was nevertheless competent and material evidence upon that question.

State v. Hunter

9 P.3d 872 · Court of Appeals of Washington · Sep 18, 2000

But we find that the legislature clearly contemplated the payment of drug fund contributions. … Furthermore, we do not think that this task is more appropriately accomplished by another branch because the judiciary is uniquely qualified, by virtue of knowing the facts of each case, to determine whether to impose a drug

Zayas v. Messitt

District Court, W.D. Washington · Aug 19, 2021

La Raus is immune from suit based on Plaintiff’s allegations. … A private person qualifies as a state actor only in the rare circumstance where the 23 person’s conduct is fairly attributable to the state. Id.

In re the Recall of Telford

166 Wash. 2d 148 · Washington Supreme Court · May 7, 2009

In re Recall of Wade, 115 Wn.2d 544, 549 , 799 P.2d 1179 (1990). ¶11 A charge is legally sufficient if the charge defines “substantial conduct clearly amounting to misfeasance, malfeasance or a violation of the oath of office … or approved, as aforesaid, every improvement to be made by said port commission shall be made substantially in accordance therewith, unless and until such general plans shall have been changed by a majority vote of the qualified

Commonwealth Insurance Co. of America v. Grays Harbor County

120 Wash. App. 232 · Court of Appeals of Washington · Feb 18, 2004

Commonwealth argues that section 102 applies only to buildings that qualify as a public nuisance under common law. … Attorney Fees The County asserts that it is entitled to attorney fees because it had to litigate to establish coverage.

Thomas Reger, V Amazon.com, Services Llc

Court of Appeals of Washington · Mar 9, 2026

Reger asserts that his complaint alleges multiple facts supporting the elements of his CPA claim and Amazon’s actions are not immunized by the Communications Decency Act, 47 U.S.C. § 230. … But assuming this could qualify as an injury under the CPA, as to Reger, it is not caused by mis-portrayal of a “standard residential-grade outlet (model ‘279-S00’),” which, to that point, Reger had never ordered.

Groom v. Safeway, Inc.

973 F. Supp. 987 · District Court, W.D. Washington · Jul 18, 1997

As the court noted, there are many ways of establishing “significant” state involvement. See id. at 382-83. … McKnight, - U.S. -, ----, 117 S.Ct. 2100, 2104-08 , 138 L.Ed.2d 540 (1997) (discussing the historical and policy reasons behind its holding that prison guards employed by a private entity are not entitled to qualified immunity

Northern Pacific Railway Co. v. National Cylinder Gas Division of Chemetron Corp.

2 Wash. App. 338 · Court of Appeals of Washington · Apr 13, 1970

The trial court concluded the agreement was a clear undertaking based upon causation rather than negligence or fault and had the intention of the parties been otherwise, they could clearly and simply have provided in the … Inasmuch as the question of liability was not an issue in the case, that statement was not necessary to the holding and does not establish an inflexible rule requiring establishment of liability as a condition precedent for

Hartley v. American Contract Bridge League

61 Wash. App. 600 · Court of Appeals of Washington · Jun 13, 1991

This was part of their effort to qualify for the Women's International Team Trials at which a team was to be selected to represent the United States in the World Bridge Federation's World Championships. … Here, the most important factor, the amount, kind, and continuity of activities, clearly weighs in favor of Washington having jurisdiction.

Hagen v. Mills

74 Wash. 462 · Washington Supreme Court · Jul 26, 1913

It is this deed which, in our judgment, clearly shows the intention of the parties to restrict block 12 to the southeasterly side of Depot street. . . . … W. 687 , the court said: “The doctrine is well established that the grantee of a lot bounded upon a street or other highway takes to the center of such street, subject only to the public easement, unless some *473 thing appears

In Re Recall of Telford

206 P.3d 1248 · Washington Supreme Court · May 7, 2009

In re Recall of Wade, 115 Wash.2d 544, 549 , 799 P.2d 1179 (1990). ¶ 11 A charge is legally sufficient if the charge defines "substantial conduct clearly amounting to misfeasance, malfeasance or a violation of the oath of … or approved, as aforesaid, every improvement to be made by said port commission shall be made substantially in accordance therewith, unless and until such general plans shall have been changed by a majority vote of the qualified

Tunstall Ex Rel. Tunstall v. Bergeson

5 P.3d 691 · Washington Supreme Court · Jul 27, 2000

The Basic Education Act, Chapter 28A.150 RCW The inmates first argue that the plain language of the basic education act clearly "establishes an education system available to all students aged 5 through 21, and excluding none … This argument is clearly without merit because, as seen in many instances, the Legislature has found entities other than school districts qualified to educate our youth.

Gray v. Suttell & Assocs.

Washington Supreme Court · Aug 28, 2014

Ch. 19.16 RCW. 7 "Solicit" clearly requires some affirmative conduct, but the statute's ambiguity arises because parties disputed whether the statute applied to debt buyers who were soliciting/collecting claims … Bunker, 169 Wn.2d at 578 (under the last antecedent rule, a qualifying phrase refers to the last antecedent, but a comma before the qualifying phrase indicates that the phrase applies to all antecedents).