Case law

Rogers v. Washington Department of Corrections

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

“at any time if the [C]ourt determines” that the action: (a) “is frivolous or malicious”; (b) 22 “fails to state a claim on which relief may be granted”’ or (c) “seeks monetary relief 23 against a defendant who is immune … a claim under 42 U.S.C. § 1983, a complaint must allege: (1) the 19 conduct complained of was committed by a person acting under color of state law, and 20 (2) the conduct deprived a person of a right, privilege, or immunity

Dussault v. American International Group, Inc.

123 Wash. App. 863 · Court of Appeals of Washington · Nov 1, 2004

Tank clearly controls, and it bars Walker-Van Burén from bringing suit against AIG under the unfair practices regulations. … Because she alleges affirmative misrepresentations, she does not need to establish a duty to disclose.

State v. Woods

143 Wash. 2d 561 · Washington Supreme Court · May 24, 2001

He asserts that death-qualified juries are significantly “more likely to vote for guilt” than nondeath qualified juries. Id. … Because his jury was “death qualified,” he argues, he is entitled to a new trial on the issue of his guilt.

Vec v. State Public Disclosure Com'n

166 P.3d 1174 · Washington Supreme Court · Sep 13, 2007

However, Bare does not establish binding precedent here. … However, VEC fails to justify how it qualifies as a "political organization" but not a "political committee."

Port of Tacoma v. Parosa

52 Wash. 2d 181 · Washington Supreme Court · Apr 17, 1958

It is provided in the act that qualified voters of the proposed city or town equal in number to twenty per cent of the votes cast at the last state election may petition for incorporation. … Where the validity of a statute is assailed, there is a presumption of the constitutionality of the legislative enactment, unless its repugnancy to the constitution clearly appears or is made to appear beyond a reasonable

Manufactured Housing Communities v. State

13 P.3d 183 · Washington Supreme Court · Nov 9, 2000

Rather, we have recognized the criteria to establish a taking are "`quite different'" from that required to establish a due process violation. … Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community. Chicago, B. & Q.R. Co. v.

State v. Waller

197 Wash. 2d 218 · Washington Supreme Court · Feb 25, 2021

Waller (Anthony Thomas), No. 98326-7 uncontroverted record establishe[d] the court did not amend the judgment and sentence,” and then concluded that the trial court had not vacated the judgment. Id. … RAP 2.2(b) sets out an exclusive list of orders from which the State may appeal and limits even that list with the qualifier, “only if the appeal will not place the defendant in double jeopardy.”

Adams v. Hinkle

51 Wash. 2d 763 · Washington Supreme Court · Feb 27, 1958

As the press has business aspects, it has no special immunity from laws applicable to business in general.... … We cannot give some constitutional rights a preferred position without relegating others to a deferred position; we can establish no firsts without thereby establishing seconds.

In Re The Detention Of: P.r.

492 P.3d 236 · Court of Appeals of Washington · Aug 3, 2021

He explained that the medications would allow PR to think more clearly and that they would relieve the intensity of PR’s symptoms. … What period of prolonged detention qualifies as “substantial” must be determined on a case by case basis, based on all the relevant facts and circumstances.

State Of Washington v. J.k.t.

455 P.3d 173 · Court of Appeals of Washington · Dec 30, 2019

has not established an abuse of discretion. … J.K.T.’s assertion is clearly rebutted by Roberts. See 142 Wn.2d at 496- 97.

Brown v. Pemberton

179 Wash. 15 · Washington Supreme Court · Sep 10, 1934

Clearly, the interest of a nonresident vendor in a contract for the sale of land situated in another state is intangible personal property. … “The rule of immunity from taxation by more than one state, deducible from the decisions in respect of these various and distinct kinds of property, is broader than the applications thus far made of it.- In its application

Antio, LLC v. Dep't of Revenue

3 Wash. 3d 882 · Washington Supreme Court · Oct 24, 2024

This claim satisfied our previously established common 3 See also Detillier v. Kenner Reg’l Med. … And to create that test for qualifying “investment income,” we relied heavily on John H. Sellen Construction Co. v.

Polygon Northwest Co. v. American National Fire Insurance

143 Wash. App. 753 · Court of Appeals of Washington · Apr 7, 2008

To the contrary, its policies clearly state that it will be liable for those sums “in excess” of its underlying insurers’ policy limits. … The equitable basis established in Olympic Steamship for attorney fee awards is limited to efforts *796 necessary to establish coverage for claims against the insured and is based on the rights of the insured.

Pincus Hueter v. Pederson

District Court, W.D. Washington · Nov 9, 2021

Specifically, 8 Plaintiff did not plead any claims arising under the Constitution or federal law to establish federal 9 question jurisdiction. Id. at 4. … Legally 4 frivolous claims are those “based on an indisputably meritless legal theory,” such as claims against 5 defendants who are immune from suit or for infringement of a legal interest that clearly does not 6 exist

In the Matter of the Parental Rights to: D.J.S.

Court of Appeals of Washington · Jan 28, 2020

James Smith contends that DSHS failed to establish that it provided all ordered and necessary services. … The finding of harm must also be supported by the testimony of a qualified expert witness. 25 U.S.C. § 1912(f); RCW 13.38.130(3).

Leonard v. McMenamins Inc

District Court, W.D. Washington · May 15, 2023

If only a portion or portions of the material on a page qualifies for protection, 12 || the producing party also must clearly identify the protected portion(s) (e.g., by making appropriate 13 || markings in the margins … This provision 24 || is not intended to modify whatever procedure may be established in an e-discovery order or 25 || agreement that provides for production without prior privilege review.

Swinomish Indian Tribal Community v. BNSF Railway Co.

228 F. Supp. 3d 1171 · District Court, W.D. Washington · Jan 13, 2017

In other words, preemption clearly applies where a claim will directly affect railroad transportation. … Before holding that the result of the earlier consideration has been repealed or qualified, it is reasonable for a court to insist on the legislature’s using language showing that it has made a considered determination to

Chiafalo v. Inslee

224 F. Supp. 3d 1140 · District Court, W.D. Washington · Dec 15, 2016

To attain that end, Plaintiffs seek “the freedom to vote for any person whom [they] feel is the most viable, fit, and qualified.” (Chiafalo Decl. ¶ 10; Guerra Decl. ¶ 9.) … "[F]inancial losses that would be unrecoverable due to [the State’s] Eleventh Amendment sovereign immunity do constitute irreparable injury.” A Woman’s Friend Pregnancy Res. Clinic v.

Logan v. Ahlbrecht (In Re Logan)

195 B.R. 769 · United States Bankruptcy Court, E.D. Washington · Feb 2, 1996

Carter, 83 Wash.2d 136 , 516 P.2d 767 (1973) clearly demonstrates the broad parameters of Washington’s interpretation of consumer goods. … The court rejected that argument, pointing out that Washington ease law has clearly established that the intention of the annexor is the most important factor of consideration and that such intent is determined from the circumstances

Verdier v. Sample

District Court, W.D. Washington · Aug 23, 2022

the Plaintiff failed to point to 24 1 sufficient evidence to support his federal constitutional claims, that Deputy Walker was entitled 2 to qualified … immunity, and that the Washington State Supreme Court has not recognized civil 3 claims for violations of the Washington State Constitution.