Case law

State v. Bottrell

14 P.3d 164 · Court of Appeals of Washington · Dec 15, 2000

A: Well, she was clearly in a position where she perceived herself again in an abusive position where her life was being threatened. … This standard is consistent with established case law.

Chinook Indian Nation v. Zinke

326 F. Supp. 3d 1128 · District Court, W.D. Washington · Jun 20, 2018

Federal acknowledgment is particularly significant because such recognition "affords important rights and protections to Indian tribes, including limited sovereign immunity, powers of self-government, the right to control … They state clearly what the law is." Id. Plaintiffs' effort to distinguish Shinnecock 's discussion of the List Act's Congressional findings is a strained and ultimately unpersuasive reading of that case.

Barron v. Safeway Stores, Inc.

704 F. Supp. 1555 · District Court, E.D. Washington · Dec 27, 1988

While plaintiff’s right to reasonable accommodation is clearly a state-created right, what constitutes reasonableness is not so explicitly addressed by the Washington legislature. … Safeway asserts that he was not qualified to return to his former job.

Cheesman v. DSHS Region 1/DCFS Childrens Administration

District Court, E.D. Washington · Aug 15, 2019

The record is not clear as to 20 the outcome of the criminal charges. 21 Plaintiffs’ Section 1983 Claims 22 In order to establish a claim … Defendant Snyder is not entitled to qualified immunity on this claim. 26 As set forth above, the law is well-established that judicial authorization for a 27 purely investigatory examination must be obtained after notice

Dank's Wonder Emporium, V. Washington State Liquor & Cannabis Board

Court of Appeals of Washington · Jun 7, 2022

A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought. … Here, Dank’s has not provided any evidence that it constitutes a “qualified party” under RCW 4.84.350(1).

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.

Munson v. Haye

29 Wash. 2d 733 · Washington Supreme Court · Jan 30, 1948

Munson was appointed and qualified as executor of his wife’s estate and, as such, demanded possession of the $1,389.19, on the theory that the same had not been divested of its status as community property and was subject … That fact being established, evidence that was clear, certain, and convincing was required to establish that Mr. and Mrs.

Haselwood v. Bremerton Ice Arena, Inc.

155 P.3d 952 · Court of Appeals of Washington · Apr 10, 2007

." ¶28 The agreement with the City establishes the extent of BIA's interest in the ice arena. … Furthermore, when we read the mechanic's lien statute as a whole, it clearly establishes a single lien that attaches to the realty through the improvement. [5] ¶ 39 RCW 60.04.011(5) defines improvements as: (a) Constructing

United States v. Sutton

165 F. 253 · District Court, E.D. Washington · Oct 23, 1908

Briefly, it is this: The title to allotted lands during the period for which they are held in trust being in the United States, it may control those lands even to the extent of establishing police regulations over them. … Once invested with that dignity, in the absence of treaty stipulations, they are entitled to all the rights, privileges, and immunities of other citizens, and the courts may not discriminate against them.

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.

Ronald Fagg v. Csk Auto, Inc.

Court of Appeals of Washington · Dec 8, 2014

PWWS and CSK each moved for summary judgment, claiming that Fagg's negligence and strict liability claims were precluded by the WPLA, that they are immune from liability under the WPLA, and that Fagg failed to establish … The statute immunizes product sellers from product liability claims except under certain enumerated circumstances.

Edelman v. State Ex Rel. PDC

99 P.3d 386 · Washington Supreme Court · Oct 21, 2004

The legislation sought to accomplish the initiative's purpose by establishing campaign contribution limits. … The statute does not clearly associate the first entity to which it refers with the corporation, trade association, labor union, or collective bargaining association to which it thereafter refers.

State v. Jeffries

105 Wash. 2d 398 · Washington Supreme Court · Mar 27, 1986

where the evidence is clearly insufficient to establish any aggravating factor beyond a reasonable doubt. … Clearly, a nexus, for purposes of showing that a murder was part of a scheme or plan under RCW 10.95.020(8), is not established merely by showing that the bodies of two people who had been murdered were found in the same

In re the Interest of Mowery

141 Wash. App. 263 · Court of Appeals of Washington · Oct 22, 2007

A court must “fully support and clearly state the justifications” for its exercise of inherent power. … , and whether any individuals should be granted immunity.

In Re Mowery

169 P.3d 835 · Court of Appeals of Washington · Oct 22, 2007

A court must "fully support and clearly state the justifications" for its exercise of inherent power. … , and whether any individuals should be granted immunity.

Waples v. Yi

234 P.3d 187 · Washington Supreme Court · Jul 1, 2010

This result was supported by the court's reasoning in a contemporaneous case addressing medical malpractice legislation, in which it observed that "pre-suit requirements are clearly within the purview of the Legislature, … 4] Because we hold that the notice requirement violates the separation of powers, we do not reach the Waples's and Cunningham's arguments that the notice requirement (1) is not mandatory, (2) violates the privileges and immunities

State v. Perez

184 Wash. App. 321 · Court of Appeals of Washington · Nov 3, 2014

This does qualify as a startling event and that the injuries are a startling condition. … The record establishes not only a medical emergency but also concerns for the safety of other inmates and corrections officers.

Schultz v. Kolb

189 Wash. 187 · Washington Supreme Court · Jan 22, 1937

An examination of each of the cases just cited will reveal either (1) that the complaint made a clear case for relief upon the principle referred to, sufficient to withstand a demurrer; or (2) that the evidence clearly showed … The respondent not having established her asserted claim by the necessary degree of proof, and the case made by her being insufficient in law to set aside the judgment, we conclude that the court erred in holding that the

Goodell v. Columbia County Public Transportation

District Court, E.D. Washington · Apr 16, 2021

certification of the WLAD claim to the Washington Supreme Court was not warranted, and yet are now arguing that the 28 WLAD claim is appropriate for appellate review. 1 simply applying well-established … Moreover, the Court specifically denied Defendant Ocampo’s 5 qualified immunity defense simply on the grounds that it did not want to decide 6 “far-reaching constitutional questions on a nonexistent factual record.”

Burns v. City of Seattle

161 Wash. 2d 129 · Washington Supreme Court · Aug 2, 2007

Further, in Nolte , the city’s imposition of the impact fee clearly fell within the statutory prohibition on “any tax, fee, or charge, either direct or indirect.” … 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.