Case law

Lamtec Corp. v. Department of Revenue

246 P.3d 788 · Washington Supreme Court · Jan 20, 2011

Washington, 377 U.S. 436, 441 , 84 S.Ct. 1564 , 12 L.Ed.2d 430 (1964) ("`a taxpayer claiming immunity from a tax has the burden of establishing his exemption.'" (quoting Norton Co. v. … It has not held that an established sales force (or a physical presence) is a requirement to establish the requisite nexus.

Wesche v. Martin

64 Wash. App. 1 · Court of Appeals of Washington · Jan 27, 1992

The court reasoned as follows: *11 A holder in due course of negotiable paper enjoys certain privileges and immunities which the transferee of an unendorsed order instrument does not have. … Clearly, the benefit of deleting the interest provisions flowed to the Zeldenrusts, and the court's finding on the absence of consideration was directed to the Zeldenrusts. The trial court made no error.

Municipal Court v. Beighle

96 Wash. 2d 753 · Washington Supreme Court · Jan 14, 1982

The authority to establish judicial power in inferior courts is given to the legislature by the state constitution. Const, art. 4, § 1. … Section 3's requirement of a showing of "misconduct or malfeasance . . . as . . . provided by law" clearly "impl[ies] ... a charge, a hearing, and a finding" when no legislative act otherwise provides for removal.

In re the Disciplinary Proceeding Against Burtch

162 Wash. 2d 873 · Washington Supreme Court · Jan 31, 2008

The party calling the expert must demonstrate that the witness qualifies as an expert based on “knowledge, skill, experience, training, or education.” ER 702. Mr. … The conclusions of law are clearly separated from factual findings. As stated above, findings of fact will be reviewed for substantial evidence. ¶40 Mr.

Reese v. Stroh

128 Wash. 2d 300 · Washington Supreme Court · Dec 14, 1995

Fallat is board qualified in internal and pulmonary medicine and has done research on AAT deficiency since 1966. … Because the Court of Appeals clearly sets forth standards for trial courts to determine the reliability of scientific evidence under ER 702, I would affirm its reasoning and analysis. SMITH, J., and UTTER, J.

Ford v. Logan

79 Wash. 2d 147 · Washington Supreme Court · Apr 15, 1971

The subject matter there was clearly a legislative matter. In State ex rel. O'Connell v. … Conclusion No. 7 held that the proposed initiative measure ... is procedurally defective and clearly void.

D'allo v. Modrijan

District Court, W.D. Washington · Aug 13, 2024

Courts in the Ninth Circuit may screen an IFP 22 complaint before determining whether the plaintiff qualifies financially for IFP status, and a 23 determination that a complaint is subject to dismissal under the statute … D’allo’s Eighth Amendment claim is barred by quasi-judicial immunity. 8 Mr.

Dunakin v. Quigley

99 F. Supp. 3d 1297 · District Court, W.D. Washington · Apr 10, 2015

This number, although not enormous, qualifies under the standards described above. … Dunakin does not need to establish the *1328 precise number of class members to demonstrate numerosity. Kenneth R. ex rel. Tri-County CAP, Inc./GS v.

Publishers Building Co. v. Miller

25 Wash. 2d 927 · Washington Supreme Court · Sep 6, 1946

That issue was submitted to the jury, and its verdict established the fact, so far as this case is concerned, that the fireman was not negligent. … In the absence of any qualifying language, a general covenant of a tenant to repair obligates him to make all necessary repairs, even to the point of rebuilding in case the premises are destroyed.

Moffett

District Court, W.D. Washington · Dec 23, 2025

a mandatory and sua sponte review and dismissal by the Court to the extent it is 12 frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary 13 relief from a defendant who is immune … A plaintiff can establish an FHA discrimination claim under a theory of 7 disparate treatment or disparate impact. Harris v.

City of Des Moines v. Gray Businesses, LLC

130 Wash. App. 600 · Court of Appeals of Washington · Dec 5, 2005

In 1986, Des Moines established a "Highway Commercial Zone" around Pacific Highway South that included Pine Terrace. … But clearly, not every government action that takes, damages, or destroys property is a taking.

Robinson v. Avis Rent A Car System, Inc.

106 Wash. App. 104 · Court of Appeals of Washington · May 7, 2001

To establish a violation of the CPA, a private plaintiff must establish five elements: (1) an unfair or deceptive act or practice; (2) occurring within trade or business; (3) affecting the public interest; (4) injuring the … Federal Trade Commission, the court upheld the FTC’s determination that it was deceptive for a car rental company to use the slogan “Dollar-A-Day” because the slogan “has a decisive connotation for which any qualifying language

Crescent Harbor Water Co. v. Lyseng

51 Wash. App. 337 · Court of Appeals of Washington · May 9, 1988

Reviewing the evidence and reasonable inferences therefrom in the light most favorable to Lyseng, we find the trial court was clearly warranted in finding the requisite adversity for a prescriptive easement. … Bona Fide Purchaser Status Lyseng last contends that he qualifies as a bona fide purchaser of the property, and that as such, his title to the property is unencumbered by an unrecorded claim of implied or prescriptive easement

Freedom Found. v. Teamsters Local 117 Segregated Fund

197 Wash. 2d 116 · Washington Supreme Court · Feb 18, 2021

The union established a separate segregated fund to make political contributions in 2011. … Our cases clearly distinguish the two.

In Re Estate of Black

102 P.3d 796 · Washington Supreme Court · Dec 9, 2004

The litigation benefits the estate by *808 establishing the final wishes of Margaret and establishing which alleged beneficiaries have a right to Margaret's estate. … RCW 11.12.160(2); Estate of Chambers, 187 Wash. at 420, 60 P.2d 41 (holding beneficiaries under a will are qualified to testify to execution).

May v. Triple C Convalescent Centers

19 Wash. App. 794 · Court of Appeals of Washington · Apr 18, 1978

Her testimony clearly was relevant to the question of who started the fight, which in turn is important in allocating responsibility. … "The value and weight of circumstantial evidence are to be determined from its character and nature, and from its relation to all of the other facts otherwise established by the other evidence in the case.

Michael Mariani, V. State Of Wa, Dept. Of Financial Institutions

Court of Appeals of Washington · May 5, 2025

Sufficient overlap exists here establish a common goal. … But, under WAC 460-44A-050(1)(d), to qualify for the isolated transaction exemption, a petitioner must establish that their sale of a security “is one of not more than three such transactions inside or outside this state

City of Bellevue v. King County Boundary Review Board

90 Wash. 2d 856 · Washington Supreme Court · Nov 9, 1978

Board members are sufficiently connected to the litigation in which the board is involved in this instance to qualify as parties under CR 33. III. … Finally, they assert that the board's determination that no EIS was required was not arbitrary and capricious or clearly erroneous.

State v. Ellis

136 Wash. 2d 498 · Washington Supreme Court · Oct 1, 1998

Two police officers who interviewed the defendant four hours after the assaults testified he did not appear intoxicated and spoke clearly and coherently. … The defense expert witnesses—all qualified to give opinions—will testify that Petitioner Ellis experienced diminished capacity at the time he committed the offenses *523 charged.

Klotz v. Dehkhoda

134 Wash. App. 261 · Court of Appeals of Washington · Jun 12, 2006

an adequate alternative forum even though that jurisdiction does not allow recovery for pain and suffering or for lost and future earnings: [T]he fact that a particular claim cannot be raised in a foreign forum does not establish … We note that the letter was not competent evidence of Canadian law since the insurance adjuster was not shown to be qualified to give an expert opinion on that subject. ER 702; Sehlin v. Chi., Milwaukee, St. Paul & Pac.