Case law

McLaughlin v. Travelers Commercial Ins. Co.

196 Wash. 2d 631 · Washington Supreme Court · Dec 10, 2020

III Our case law also establishes that when determining the meaning of undefined terms in an insurance policy, we look to the expectations of the average insurance purchaser. … That definition clearly and unambiguously excludes those travelling by car or cycle. This should resolve the only issue currently before the court.

In Re Rosier

105 Wash. 2d 606 · Washington Supreme Court · Apr 10, 1986

Rosier clearly raised the burden of proof issue in both his responsive pleading and trial brief. … It had never occurred to us that they were not, and now we had the opportunity to establish a precedent of substance.

Stertz v. Industrial Insurance Commission

91 Wash. 588 · Washington Supreme Court · Jun 20, 1916

Indeed, our statute is in these features the least qualified that can be found. … Obviously and clearly the qualifying “in the course of em.ployment” does not apply to “on the premises.” Had that been intended, the arrangement was natural and easy.

Lincoln & Leslie Beauregard, Appellants/cross-respondents v. Anna Riley, Respondent/cross-appellant

Court of Appeals of Washington · Jun 24, 2019

Riley filed a motion to strike the declaration of Anderson, contending Anderson was not qualified as an expert and her opinion was based on speculation. … Cause in fact is established by showing that "but for" the defendant's breach, the plaintiff's alleged injury would not have occurred. Boquch, 153 Wn. App. at 609.

Gray v. Pierce County Housing Authority

123 Wash. App. 744 · Court of Appeals of Washington · Aug 31, 2004

PCHA clearly does not fall within the ambit of RCW 59.18.040(1). … The Grays gave up all claims to attorney fees when they settled with PCHA, leaving Gibson as the only class member qualifying under the fee-shifting provisions of RCW 59.18.290(1).

DEVELOPMENT SERV. OF AMERICA v. Seattle

138 Wash. 2d 107 · Washington Supreme Court · Jun 10, 1999

This constitutes an unconstitutional extension of governmental power beyond established police power boundaries. 2. … City of Seattle, 108 Wash.2d 369, 378 , 739 P.2d 668 (1987), we qualified "such preference to property owners is only warranted to the extent ambiguity exists."

In Re Estate of Gallagher

35 Wash. 2d 512 · Washington Supreme Court · Jan 23, 1950

Superior Court, 23 Wn. (2d) 357, 161 P. (2d) 188 , are clearly distinguishable on their facts. … That was the diagnosis established at that time.’ ” On the other hand, both Robert and his wife testified that he was mentally competent.

In re the Personal Restraint of Morris

189 Wash. App. 484 · Court of Appeals of Washington · Jul 13, 2015

Feldman clearly qualified as an expert. … Feldman could not establish the timing of the injury. 122 ¶65 Morris also asserts that if trial counsel had used the studies available on the issue of lucid intervals, “she could have established through Dr.

Bank of California v. Clear Lake Lumber Co.

146 Wash. 543 · Washington Supreme Court · Feb 10, 1928

All franchises, liens, licenses, easements, rights, privileges or immunities appertaining to the property or properties of the company or connected with the business of the company above mentioned and any and all extensions … This mortgage covered generally a vast mechanical establishment.

State v. Thomason

Washington Supreme Court · Jul 7, 2022

He asked for a total of 12 months, which he implied was equivalent to the amount of time he would have served if he had qualified for drug court. Id. at 8-9. … I also agree that Thomason has not established a downward departure is otherwise justified.

State v. Hunter

102 Wash. App. 630 · 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

State v. Clausing

147 Wash. 2d 620 · Washington Supreme Court · Oct 24, 2002

The word “physician” is not qualified by “licensed” in the pattern instruction. 11 Washington Pattern Jury Instructions: Criminal 55.03, at 693 (2d ed. 1994) (WPIC). … Clausing’s only defense—the existence of a valid prescription—and relieved the State of the burden of establishing the “no prescription” element beyond a reasonable doubt.

Card v. All City Bail Bonds

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

The party asserting jurisdiction has the burden of establishing it. See 24 United States v. Orr Water Ditch Co., 600 F.3d 1152, 1157 (9th Cir. 2010). 1 B. Mr. … Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). 10 For that reason, any amended complaint must clearly identify the defendant(s), the claim(s) 11 asserted, the specific facts that Mr.

In re Recall of Lauser

Washington Supreme Court · Feb 26, 2026

This is well documented in the police report and Fitzgerald presents no facts to establish otherwise. … The recall petition is legally insufficient because it does not state with specificity facts to allege Lauser’s conduct clearly violates RCW 9A.88.010.

In re the Disciplinary Proceeding Against Boelter

139 Wash. 2d 81 · Washington Supreme Court · Oct 7, 1999

The effect of the sanction on the attorney (sanction must not be clearly excessive); 4. … Given Dann and Haskell, Boelter clearly misrepresents the precedent in this area.

In re the Marriage of Pape

93 Wash. App. 96 · Court of Appeals of Washington · Nov 20, 1998

But such interpretation invites parenting plan modifications that conflict with the Legislature’s clearly stated policy of serving children’s best interests by fostering continuity of parent-child relationships and stability … Throughout the Parenting Act the Legislature has repeatedly made clear that the paramount concern is the best interests of the child, not the convenience of parents, in both the establishment and modification of parenting

M.L. v. craigslist Inc

District Court, W.D. Washington · Apr 25, 2022

An interactive computer service provider acts as a developer rather 20 than a publisher or speaker, and thereby does not qualify for § 230 immunity, “if it 21 contributes materially to the alleged illegality of the conduct … Amazon.com, Inc., 456 F.3d 1316, 1321 (11th Cir. 2006) (“The majority of federal circuits have interpreted [Section 22 230] to establish broad [] immunity[.]”). 1 records on its website

Hamlin v. Merlino

44 Wash. 2d 851 · Washington Supreme Court · Jun 17, 1954

It is a well settled principle that separate property continues to be separate through all of its changes and transitions as long as it can be clearly traced and identified; furthermore, that rents, issues, and profits from … Something more is required to establish the separate character of the property concerned. We stated in Berol v.

Estevez v. Faculty Club of the University of Washington

129 Wash. App. 774 · Court of Appeals of Washington · Mar 28, 2005

The burden is on the moving party to establish its right to summary judgment as a matter of law. CR 56(c); Kahn, 90 Wn. … Thus, we hold that the Club does not have “meaningful conditions of limited membership” sufficient to qualify it for a “bona fide private club” exemption under 42 U.S.C. § 2000e(b)(2).

Nautilus Group, Inc. v. Icon Health and Fitness, Inc.

308 F. Supp. 2d 1208 · District Court, W.D. Washington · Jul 30, 2003

Courts have more briefly summarized the test in the trademark context: to prevail at the preliminary injunction phase, Plaintiff “must establish that it is likely to be able to show ... a likelihood of confusion.” … The mere fact that Defendant uses comparative advertising, however, does not immunize it against claims of infringement. See Lindy Pen Co. v.