Case law

Hoquiam v. EMPLOYMENT RELATIONS COMM'N

29 Wash. App. 319 · Court of Appeals of Washington · May 13, 1981

The "clearly erroneous" test cannot be applied adequately where the fact-finding process has been tainted. … To go this far does a serious disservice to the public and to Government agencies anxious to attract qualified personnel.

Medicraft v. State of Washington

District Court, W.D. Washington · Mar 4, 2024

Sterbick argues that she has qualified immunity to this claim, Pls.’ Resp. 7, ECF No. 266, but the Court notes that Ms. … Sterbick’s motion advises the Court that qualified immunity is not applicable to claims 23 of judicial deception, Def.’s Mot. 9, ECF No. 255. 24 ORDER GRANTING ELIZABETH STERBICK’S MOTION FOR SUMMARY

State v. Faford

910 P.2d 447 · Washington Supreme Court · Feb 1, 1996

Nowhere does the statute imply a radio interception demands a second conveyance to qualify as a transmission. … Having determined the method of interception falls under the act, the question remains whether the form of communication qualified as "private." See RCW 9.73.030(1)(a).

Kovacs v. Dep't of Labor & Indus.

Washington Supreme Court · Jul 14, 2016

The Department ofLabor and Industries initially found that Kovacs qualified for benefits, which he began to receive. … Read in isolation, it does not clearly establish whether the statute oflimitations begins to run on the day of the injury or the next day.

Johnson v. Ryan

186 Wash. App. 562 · Court of Appeals of Washington · Mar 19, 2015

But the clearly predominant label that federal courts and our own have applied in identifying that speech whose character warrants special protection under the First Amendment is speech on issues or matters of “public concern … Associated Newspapers, 35 Cal. 2d 121, 124-25 , 216 P.2d 825 (1950) (construing the abuse language as merely making clear that the right of free speech does not guarantee immunity from liability). *598 ¶72 Of course, we avoid

Burns v. City of Seattle

164 P.3d 475 · Washington Supreme Court · Aug 2, 2007

In contrast, it is well established that the operation of an electric utility is a proprietary activity. … In Algona, we concluded that the doctrine of governmental immunity from taxation barred the city of Algona from levying a tax on King County's solid waste facility.

State v. Rudolph

168 P.3d 430 · Court of Appeals of Washington · Oct 2, 2007

proved these convictions, and (2) they were clearly comparable to at least one Washington "strike" offense for POAA purposes. … Blakely and Apprendi are grounded in the United States Constitution's Sixth Amendment and establish a defendant's minimum jury trial right.

State Ex Rel. American Automobile Insurance v. Fishback

154 Wash. 297 · Washington Supreme Court · Nov 12, 1929

$2,768,660.35; that, since entering the state of Washington, it has expended large sums of money in building up its business and good will within the state, has paid losses within the state in excess of $1,000,000, has established … Such a situation would clearly violate both the letter and the spirit of the constitutional provision already quoted. *303 We think our earlier eases distinguished in the Fibreboard case are controlling here.

Swinford v. RUSS DUNMIRE OLDSMOBILE, INCORP.

82 Wash. App. 401 · Court of Appeals of Washington · Jun 28, 1996

Additionally, we affirm the directed verdict in *405 favor of Russ Dunmire on Swinford’s handicap discrimination claim because Swinford failed to establish he was handicapped. … Swinford introduced no medical evidence of a handicap, and he failed to establish a handicapping condition.

State v. 119 Vote No! Committee

957 P.2d 691 · Washington Supreme Court · Jun 26, 1998

Yet nowhere does the majority opinion reveal the holding of New York Times , which is "a public official cannot recover for defamation unless he or she establishes the defendant made the defamatory statement with actual malice … The Oregon standard is a very difficult one to establish, but still provides that factually false statements may be actionable.

Palmer v. Roosevelt Lake Log Owners Ass'n

551 F. Supp. 486 · District Court, E.D. Washington · Nov 23, 1982

If the conduct clearly threatens competition, however, the inference will be drawn irrespective of the defendant’s market power”. A.H. Cox, supra, 653 F.2d at 1308 . … As discussed earlier, under Forro, 673 F.2d at 1058 and Paddock Pool, 508 F.2d at 556 and 558, defendants’ conduct was not “clearly” anticompetitive.

Pande Cameron & Co. of Seattle, Inc. v. Central Puget Sound Regional Transit Authority

610 F. Supp. 2d 1288 · District Court, W.D. Washington · Mar 20, 2009

They refer to the EIS which “clearly contemplated” “Vibration Impacts.” … taking” but that “immunity is now gone in this state”).

State v. Sandoval

249 P.3d 1015 · Washington Supreme Court · Mar 17, 2011

To establish the plea was involuntary or unintelligent because of counsel's inadequate advice, the defendant must satisfy the familiar two-part Strickland v. … An offense qualifies as "an aggravated felony if and only if the 'full range of conduct' covered by it falls within the meaning of that term." United States v.

Belas v. Kiga

959 P.2d 1037 · Washington Supreme Court · Jul 30, 1998

Property that does not qualify for a limited valuation would be taxed at full market value on the basis of ratios that compensate for the limited values on other properties. … Qualifying multi-unit housing in urban centers with insufficient housing can obtain a 10-year exemption for the value of construction, conversion or rehabilitation.

Reyes v. Chilton

District Court, E.D. Washington · Nov 12, 2021

Except as otherwise provided in 13 this order, or as otherwise stipulated or ordered, disclosure or discovery material 14 that qualifies for protection under this order must be clearly so designated before or 15 when … If only a 20 portion or portions of the material on a page qualifies for protection, the producing 21 1 party also must clearly identify the

Thompson v. Weimer

1 Wash. 2d 145 · Washington Supreme Court · Nov 1, 1939

Weimer was appointed executor, and immediately qualified. On February 1, 1938, Clarence C. … Apparently, the court accepted the will made on May 29, 1936, as evidence establishing, not only that a contract to devise had been made, but also establishing its terms. It is said in Worden v.

In Re Boelter

985 P.2d 328 · Washington Supreme Court · Oct 7, 1999

[t]o establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client." RPC 1.6(b)(2) (emphasis added). … The effect of the sanction on the attorney (sanction must not be clearly excessive); 4.

State v. Pugh

225 P.3d 892 · Washington Supreme Court · Dec 31, 2009

The statements qualify as res gestae under the res gestae doctrine as it applied at the time the state constitution was adopted. Statements of this type do not implicate the state confrontation clause. … Id. at 827 , 126 S.Ct. 2266 . ¶ 76 The standard established in Davis is clearly based on objective criteria. Id. at 822, 827 , 126 S.Ct. 2266 .

Kenney v. Walla Walla County

45 Wash. App. 861 · Court of Appeals of Washington · Nov 18, 1986

By applying the above mentioned four criteria, we conclude the decision to open the range and the subsequent decision to close will not qualify as judicial action for purposes of RCW 7.16.040. … The State Legislature, in RCW 16.24.020, requires the board of county commissioners to hold a hearing "to hear all persons interested in the establishment of range areas or stock restricted areas ..."

Group14 Technologies Inc v. Nexeon Limited

District Court, W.D. Washington · May 23, 2023

“Thus, courts rarely award 13 Noerr–Pennington immunity at the motion to dismiss stage, where the Court must accept 14 as true the non-moving party’s well-pleaded allegations.” … To qualify, the 17 alleged act must have had the “capacity to deceive a substantial portion of the public.” 18 Hangman Ridge, 105 Wn.2d at 785.