Case law

Tabb v. NaphCare

District Court, W.D. Washington · Jan 10, 2022

“at any time if the [C]ourt determines” that the action: (a) “is frivolous or malicious”; (b) 21 “fails to state a claim on which relief may be granted”’ or (c) “seeks monetary relief 22 against a defendant who is immune … Iqbal, 129 S.Ct. 1937,1949 (2009). 22 Plaintiff is advised that in order to state a claim under 42 U.S.C. § 1983, a 23 complaint must establish “the violation of a right secured by the Constitution and the

Shaffer v. McFadden

125 Wash. App. 364 · Court of Appeals of Washington · Jan 18, 2005

These contacts are clearly sufficient to establish personal jurisdiction over Lexington. … McFadden argues that Geggel’s declaration is improper because there is no evidence that Geggel is qualified to opine on the standard of care for Canadian surgeons.

State v. Haye

72 Wash. 2d 461 · Washington Supreme Court · Nov 9, 1967

, relative and qualifying words and phrases refer, both grammatically and legally, to the last antecedent. … In many, if not most cases, the evidence of an accomplice, uncorroborated in material matters will not satisfy the honest judgment beyond a reasonable doubt, and it is clearly insufficient to authorize a verdict of guilty

State v. Moore

73 Wash. App. 805 · Court of Appeals of Washington · Apr 21, 1994

The "if any” language clearly permits a county to select the number of court commissioner positions it wishes to have, if those positions were identified in the district court plan. … She is not an attorney or qualified to practice law in the State of Washington”.

Dellelo v. Washington State Employment Security Department

District Court, W.D. Washington · Dec 20, 2022

If a claim does not fall squarely within the strict terms of a waiver of 13 sovereign immunity, a district court is without subject matter jurisdiction. … Plaintiff should clearly 6 comply with Rule 8 in any amended complaint.

Chen v. D'Amico

District Court, W.D. Washington · Jan 22, 2020

Certification is warranted where “it is necessary to ascertain [Washington law] in order to dispose” of a proceeding and Washington law “has not been clearly determined.” … Miller’s housing arrangements could qualify as gross negligence.” 22 // 1 See id at 1071.

State of Washington v. Salvador S. Nava

Court of Appeals of Washington · Oct 22, 2013

Sergeant Salinas's testimony at the erR 3.5 hearing was sufficient to establish that Mr. … excessive or clearly too lenient."

Matter of Dann

960 P.2d 416 · Washington Supreme Court · Aug 13, 1998

This, and the proved instances of initial-switching, establishes the aggravating factors of "a pattern of misconduct" and "multiple offenses." … The effect of the sanction on the attorney (sanction must not be clearly excessive); 4.

Johnson v. Weyerhaeuser Co.

953 P.2d 800 · Washington Supreme Court · Apr 2, 1998

The evidence that Johnson is receiving more in benefits than he was receiving in wages while working is directly relevant to establish a motive not to work. … 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

State v. Meyer

96 Wash. 257 · Washington Supreme Court · May 11, 1917

The instruction complained of was abstract and wholly inapplicable to the facts established by the evidence. Obviously, under the testimony, the defendant had no opportunity to retreat. … Phillips, 59 Wash. 252 , 109 Pac. 1047 , Judge Rudkin said: “The party first assaulted, whether the appellant or the deceased, was clearly acting in self-defense.

Estate of Bordon v. Department of Corrections

122 Wash. App. 227 · Court of Appeals of Washington · Jul 6, 2004

This testimony *247 would clearly have been beyond his expertise and merely speculative. … Stough also testified that in his opinion, Jones clearly posed a danger to others, particularly when driving.

State v. Johnson

Washington Supreme Court · Jan 9, 2014

Bunker, 169 Wn.2d 571, 578, 238 P.3d 487 (20 10) ("Related to this [last antecedent] rule is the corollary principle that 'the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply … The notice of infraction to Johnson clearly listed these three options. Ex. 2. Johnson chose the second option and requested a hearing to contest the infraction. He is not guilty under the first prong.

Moore v. Hagge

241 P.3d 787 · Court of Appeals of Washington · Nov 1, 2010

Similarly, if there is a clearly marked route directing pedestrians to use a particular path and it is where I am headed, then I use that marked route. … Moore concedes that "the direct evidence clearly supports the fact that he was struck by Ms. Hagge's car while on the improved, far-right portion of South 240th Street."

In re the Detention of Halgren

124 Wash. App. 206 · Court of Appeals of Washington · Jul 26, 2004

Indeed, for due process purposes, our Supreme Court has already established that “the civil commitment of an SVP satisfies due process if the *215 SVP statute couples proof of dangerousness with proof of an additional element … They “ ‘are not repugnant to each other unless the *216 proof of one will disprove the other.’ ” 19 Clearly, one can be diagnosed with a personality disorder without disproving a mental abnormality, and vice versa.

State v. McDonald

138 Wash. 2d 680 · Washington Supreme Court · Aug 5, 1999

In contrast, we have never before held that accomplice liability qualifies as an alternative means of committing a single offense also presented on the basis of principal liability. … Clearly, that standard was met in this case.

In re the Disciplinary Proceeding against Dann

136 Wash. 2d 67 · Washington Supreme Court · Aug 13, 1998

This, and the proved instances of initial-switching, establishes the aggravating factors of “a pattern of misconduct” and “multiple offenses.” … The effect of the sanction on the attorney (sanction must not be clearly excessive); 4.

International Shoe Co. v. State

22 Wash. 2d 146 · Washington Supreme Court · Jan 4, 1945

The practice of aiding, if riot inducing, others to establish stores and engage in the shoe business in this state also amounted to more than the mere solicitation of orders.” … By careful segregation of the ‘selling’ phase in the place of market, a substantially complete immunity to liability, in the practical sense, could be created.

Kartevold v. Spokane County Fire Protection District No. 9

625 F. Supp. 1553 · District Court, E.D. Washington · Jan 21, 1986

First, by operation of Garcia , the fire district no longer enjoys immunity from FLSA overtime provisions. … The Committee is not retreating from the principles established by Congress in the 1966 and 1974 FLSA amendments.

Shaffer v. McFadden

104 P.3d 742 · Court of Appeals of Washington · Jan 18, 2005

These contacts are clearly sufficient to establish personal jurisdiction over Lexington. This, however, does not resolve the issue of whether McFadden is subject to jurisdiction in Washington. … McFadden argues that Geggel's declaration is improper because there is no evidence that Geggel is qualified to opine on the standard of care for Canadian surgeons.

Bank of Fairfield v. Spokane County

173 Wash. 145 · Washington Supreme Court · May 17, 1933

That proposition is firmly established as a rule of law in this state. Again we refer to the evidence in the cases before us. … It is not for us to qualify that privilege so long as reasonable grounds for its maintenance appear to exist.