Case law

Traver v. Spokane Street Railway Co.

25 Wash. 225 · Washington Supreme Court · May 25, 1901

It requires stronger and more convincing proof to establish wilful negligence than gross negligence. … Clearly, there is not only no abuse of discretion on the part of the trial judge in this case, but the witnesses were shown to be qualified to testify.

1000 Friends of Washington v. McFarland

149 P.3d 616 · Washington Supreme Court · Dec 21, 2006

County ordinances must implement state policy at the direction of the State to be immune from local referenda. … What Anderson clearly reiterated, Brisbane unfortunately muddled.

State ex rel. Mandatory Bussing v. Brooks

80 Wash. 2d 121 · Washington Supreme Court · Jan 6, 1972

Although the Swann court rather clearly limited the authority of federal courts to impose desegregation plans on school authorities to situations involving “de jure” dual systems, that court also observed (Swann, 402 U.S. … recall, reciting that such officer has committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office, stating the matters complained of, signed by the percentages of the qualified

Smith v. Hecla Mining Co.

38 Wash. 454 · Washington Supreme Court · Apr 22, 1905

The last part thereof is clearly erroneous. … The “safe place” rule can be applied only in a qualified sense.

Matter of Disciplinary Proceeding Against Anschell

69 P.3d 844 · Washington Supreme Court · May 29, 2003

Bolusan's aunt] and him a grant of immunity." Decision Papers at 11 (Finding of fact 5). … However, the unchallenged findings establish that he failed to take action in Ms.

State v. McFarland

84 Wash. 2d 391 · Washington Supreme Court · Sep 12, 1974

Defendant accepted the burdens of his guilt in two traffic offenses, freely acknowledging them in open court by his plea of guilty; his guilt in another charge was established *395 by trial. … Error should not be transferable from one cause to a different and wholly unrelated one; nor should it be judicially expanded to create an immunity from prosecution for other and different crimes tried in other and different

Judd v. Nevin

District Court, W.D. Washington · May 4, 2021

Ahrens. 9 He contends that Commissioner Gelman deprived him of his rights by determining that 10 he was employable “in the complete absence of all jurisdiction on the subject matter of 11 VA benefits and ‘disability’ established … Judd has not demonstrated why that immunity should not 2 apply here.

Fowler v. San Juan County

District Court, W.D. Washington · Sep 20, 2019

immunity is likewise DENIED. 24 2 Defendants argue that qualified immunity should protect Defendant Harvey from liability 25 for the excessive … Harvey is entitled qualified immunity. 1 C.

State v. Johnson

90 Wash. App. 54 · Court of Appeals of Washington · Feb 6, 1998

Johnson’s statement on the omnibus order clearly was not admissible to impeach Bates and Martin because “ ‘witness [es] cannot he impeached by statements of others for which [they are] not responsible and which have not been … We held that the attorney’s statement did not qualify as an admission of the client. Williams, 79 Wn. App. at 30 .

In Re Kandu

315 B.R. 123 · United States Bankruptcy Court, W.D. Washington · Aug 17, 2004

The Supreme Court has identified the nature of rights that qualify for heightened judicial protection. … The legislative history clearly reveals that the primary purpose of DOMA is to restrict marriage to one man and one woman.

Concerned Ratepayers Ass'n v. Public Utility District No. 1

138 Wash. 2d 950 · Washington Supreme Court · Sep 9, 1999

Where a nexus exists between the information and an agency’s decision-making process, as is apparent here, we hold that review, evaluation, and reference to information constitutes “use” and, therefore, qualifies such information … Clearly, that GE may have claimed that the technical design of the IES 10380 was proprietary information did not preclude the FUD from reviewing and evaluating such information.

Pacific Telephone & Telegraph Co. v. Henneford

195 Wash. 553 · Washington Supreme Court · Jul 29, 1938

The compensating tax statute clearly indicates the legislative intent to remove discrimination against merchants of this state. … It is likewise settled that transportation by ferry from one state to another is interstate commerce and immune from the interference of such state legislation. Gloucester Ferry Co. v. Pennsylvania, 114 U.

Newschwander v. BOARD OF TRUSTEES OF TEACHERS'RETIREMENT SYSTEM

94 Wash. 2d 701 · Washington Supreme Court · Nov 26, 1980

foregoing it is clear the computation of WSTRS pension benefits for the class is regulated in part by RCW 41.32.497 which currently provides in relevant part: Any person who became a member on or before April 25, 1973 and who qualifies … Clearly the time of designation of creditable service occurred at the 1957 transfer.

State Of Washington, V. Dwayne Antwon Johnson, Jr.

Court of Appeals of Washington · Jun 20, 2023

Next, if the law does implicate a privilege or immunity, the court asks whether there is nonetheless a “ ‘reasonable ground’ ” for granting that privilege or immunity. … Therefore, Johnson must establish that he was treated differently than others who were similarly situated.

State v. Post

118 Wash. 2d 596 · Washington Supreme Court · Sep 10, 1992

When compared to the cases in which coercion was found, the alleged compulsion here is too conditional and not sufficiently immediate to qualify as coercive. … excessive or clearly too lenient.

Dezmond Emeson, V Dept. Of Corrections

194 Wash. App. 617 · Court of Appeals of Washington · May 3, 2016

Clearly, any judgment on Emeson’s state law claims would subject DOC to liability for the same types of claims based on the same facts from which the federal court dismissed. Kuhlman, 78 Wn. … But the federal counterpart does not include the qualifier that the motivating factor needs to be “substantial.” Cf. Scrivener, 181 Wn.2d at 445, with 42 U.S.C. § 2000e-2(m).

Puget Sound Gillnetters Ass'n v. Moos

92 Wash. 2d 939 · Washington Supreme Court · Nov 30, 1979

regulations for conservation purposes, and that allocation as contemplated by the District Court's order would constitute a violation of equal protection and provide Indian fishermen with unconstitutional special privileges and immunities … The United States Supreme Court has clearly ruled, however, that the Indian treaties of the 1850's reserve to the signatory tribes a right to fish that nontreaty fishermen do not enjoy. 443 U.S. at 681 , 99 S.

In re Rights to Waters of Yakima River Drainage Basin (Acquavella)

Washington Supreme Court · Mar 7, 2013

The qualifying Northside parties may hold the right regardless of whether it will be fulfilled. … The trial court properly denied qualifying Northside users a right to use excess water after July 10 The trial court denied qualifying Northside users the right to use excess water after July 10.

Davidson v. Municipality of Metropolitan Seattle

43 Wash. App. 569 · Court of Appeals of Washington · May 5, 1986

Likewise, an inference is a logical conclusion or deduction from established facts. Martin v. Insurance Co. of North Am., 1 Wn. App. 218, 221 , 460 P.2d 682 (1969). … It was clearly within the discretion of the trial court to permit him to testify in the form of an opinion or otherwise.

Sterling Realty Co. v. City of Bellevue

68 Wash. 2d 760 · Washington Supreme Court · Jun 16, 1966

Several preliminary and underlying propositions have been established by our cases and statutes, however. … This statute clearly governs noncontinuous improvements only. It furnishes no support for the city’s argument in the present case, which concerns dividing a continuous improvement into units.