Case law

Johnson v. Weyerhaeuser Co.

134 Wash. 2d 795 · Washington Supreme Court · Apr 2, 1998

such evidence, the inflexible exclusionary rule created by the majority is rendered unnecessary and serves only to hobble the fact finder by excluding evidence that should be admitted in those rare cases where relevance clearly … As the Third Circuit held, “the collateral benefit rule cannot be made a springboard from which a plaintiff may go forward with affirmative evidence ... of financial need and then seek immunity from cross-examination regarding

Feil v. Eastern Washington Growth Management Hearings Board

153 Wash. App. 394 · Court of Appeals of Washington · Dec 3, 2009

The findings refer to the buffers established in the permit application, and the application in turn promises compliance with the buffer requirements of the County code. … County regulations that establish recreational overlay districts in agricultural areas do not then permit a land use that is prohibited by the GMA.

Cyrus Y. Kim v. Best Buy And City Of Federal Way

Court of Appeals of Washington · Oct 2, 2017

Kim claims that Federal Way can therefore not claim sovereign immunity. But, Lake Country Estates does not stand for the proposition that cities do not enjoy sovereign immunity. … Our courts have clearly recognized that sovereign immunity can apply to cities and other state subdivisions.

Carvin v. Britain

121 Wash. App. 460 · Court of Appeals of Washington · May 3, 2004

Borst, 41 Wn.2d 642, 657 , 251 P.2d 149 (1952) (limiting the doctrine of parent-child immunity); Freehe v. … Freehe, 81 Wn.2d 183, 189 , 500 P.2d 771 (1972) (abolishing the old rule of interspousal tort immunity and commenting on the court’s right to do so).

Haywood v. State of Washington Department of Labor & Industries

District Court, W.D. Washington · Mar 21, 2024

A federal court is 16 presumed to lack subject matter jurisdiction until plaintiff establishes otherwise.  Kokkonen v. 17 Guardian Life Ins. Co. of America, 511 U.S. 375 (1994); Stock West, Inc. v. … The State has an interest in ensuring 23 professionals are qualified for their work to protect the public. See Middlesex Cnty.

In re the Detention of McGary

175 Wash. App. 328 · Court of Appeals of Washington · Jul 2, 2013

Wollert’s late preparation of the Static-2002R and the PCL-R during his cross-examination and during closing argument. ¶39 To establish prosecutorial misconduct, the defendant must establish that the prosecutor’s conduct … The “general acceptance” consideration is clearly based on Frye. State v. Cauthron, 120 Wn.2d 879 , 890 n.4, 846 P.2d 502 (1993).

Denton v. Schneider

80 Wash. 506 · Washington Supreme Court · Jul 22, 1914

Schneider was named as executor, qualified as such on September 17, 1901, and continued so to act until his death. … Clearly, both halves were subject to the fulfillment of all trusts.

Roeber v. Yakima

116 Wash. App. 127 · Court of Appeals of Washington · Mar 11, 2003

Even so, he clearly felt overwhelmed by the stress of deadlines and the long hours expected from management. … He shows neither that he was qualified for a vacant position nor that Dowty failed to notify him of job opportunities that would accommodate his alleged disability. Id. at 643-44 ; Wilson v. Wenatchee Sch.

Delaplaine v. United Airlines, Inc.

518 F. Supp. 2d 1275 · District Court, W.D. Washington · Sep 28, 2007

The new definition of disability further provides that, “for the purposes of *1278 qualifying for reasonable accommodation in employment,” an impairment “must have a substantially limiting effect upon the individual’s ability … As noted by the dissent in McClarty, the legislature had known, since the passage of the ADA, that the HRC’s regulatory definition of disability was broader than under federal law, and the legislature had “clearly acquiesced

Cotton v. City of Elma

100 Wash. App. 685 · Court of Appeals of Washington · Apr 21, 2000

The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. … Clearly the City Council was deciding whether to confirm Cotton on a temporary basis.

Baldus v. Bank of California

12 Wash. App. 621 · Court of Appeals of Washington · Jan 20, 1975

The provision clearly authorizes the trustee to retain in trust a disproportionate share of the National Lead stock. … fiduciary may invest funds held in trust under an instrument creating such trust, in any manner and/or in any investment and/or in any class of investments authorized by such instrument, whether or not the same is otherwise qualified

Cronkhite v. Kemp

741 F. Supp. 828 · District Court, E.D. Washington · Jul 2, 1990

Unemployment The Secretary did not clearly distinguish plaintiffs unemployment from his “illness” in determining that the default was not beyond his control. … This court also finds that the Secretary abused his discretion in ruling out what is probably emotionally based pain as a qualifying illness.

State Ex Rel. Ennis v. Superior Court

153 Wash. 139 · Washington Supreme Court · Jul 23, 1929

The court held that the adoption by the qualified voters of a city of the first class of proposed amendments to their charter, establishing what is known as a commission form of government, was, under Bern.. Comp. … The institution of a proceeding by way of the statutory writ of quo. warranto depends necessarily upon the action of some officer other than an official of the city, and unless it clearly appears from a charter of a city

State v. McCuistion

169 Wash. 2d 633 · Washington Supreme Court · Sep 2, 2010

Furthermore, adjudication of this issue shall be based on the findings of a "professionally qualified person." *1156 ¶ 32 4. … Coleman, clearly do not believe in the SVP statute, it is the legislature that must write laws that meet strict scrutiny, not Dr. Coleman.

Jeff Kirby, Apps. v. State Of Wa, Dept Of Employment Security, Resp.

Court of Appeals of Washington · Mar 10, 2014

On July 9, 2011, the Department issued a determination notice denying her request for benefits because she was fired for work misconduct and therefore did not qualify for benefits. … This conclusion is supported by the ALJ's factual findings, which are unchallenged on appeal, and PSS fails to show the ALJ's ruling is clearly erroneous.

Williams v. Washington State Department of Corrections

District Court, W.D. Washington · Mar 5, 2025

“It is well-established that, among the rights they retain, prisoners have a First 14 Amendment right to file prison grievances. … Retaliation against prisoners for their exercise of this 15 right is itself a constitutional violation, and [is] prohibited as a matter of clearly established law.” 16 Brodheim v.

Wash. Local Etc. v. Internat'l Etc.

33 Wash. 2d 1 · Washington Supreme Court · Feb 21, 1949

HUGHES: You had better qualify that `any place'. You mean any reasonable place? THE WITNESS: Yes, any reasonable place. … It is clearly established in the record that there were no trials conducted at the Stratford hotel.

State Of Washington, V. Jeremy Michael Santiago

Court of Appeals of Washington · Aug 2, 2021

The felony firearm charge to which Santiago agreed to plead guilty did not qualify for community custody supervision. … The State is attempting to shift the burden to Santiago, ignoring the wealth of case law clearly establishing that the burden of proving up criminal history for purposes of sentencing lies squarely with the State.

CJC v. Corporation of Catholic Bishop

985 P.2d 262 · Washington Supreme Court · Sep 8, 1999

Where childhood sexual abuse is at issue, even long established privileges do not apply. See, e.g., State v. … First Amendment concerns are clearly at issue.

Turpen v. Turpen

District Court, W.D. Washington · Jul 12, 2023

Additionally, it is well established that judges 19 are absolutely immune from liability for their judicial acts. In re Castillo, 297 F.3d 940, 947 (9th 20 Cir. 2002) (internal citations omitted). … Absolute immunity only fails to attach where judicial 21 officers act clearly and completely outside the scope of their jurisdiction. Demoran v.