Case law

Burnet v. Spokane Ambulance

933 P.2d 1036 · Washington Supreme Court · Jun 5, 1997

Those reasons should, typically, be clearly stated on the record so that meaningful review can be had on appeal. … Graham, the Burnets have failed to show board certification is required by Washington law and have failed to show a board certified neurologist is any more qualified than a certified pediatrician who has completed additional

Bossert v. United States (In Re Bossert)

201 B.R. 553 · United States Bankruptcy Court, E.D. Washington · Oct 16, 1996

Section 507 establishes a priority scheme for paying claims. … Because they were punitive, rather than compensatory, these pre-filing penalties did not qualify for priority treatment under the terms of § 507(a)(7)(G). Ibid.

Xiao Ping Chen v. City of Seattle

223 P.3d 1230 · Court of Appeals of Washington · Dec 28, 2009

A trier of fact may conclude that a municipality breached its duty of care based on the totality of the circumstances established by the evidence. … As a human factors analyst, [Alexander is] qualified to analyze and give opinions about the interaction between roadway characteristics and the cues it conveys to the roadway users, including drivers and pedestrians." [2]

In Re Detention of Law

204 P.3d 230 · Court of Appeals of Washington · Jul 23, 2008

The examiners who wrote the summaries were not identified. ¶ 15 The trial court ruled that the contents of the letter were "clearly hearsay" and would not be admissible as substantive evidence. … But the court ruled that "to ask him about statements in the letter and asking him to explain it, deny it or admit it, [calls for] clearly inadmissible hearsay." ¶ 16 The trial court's ruling was correct.

Lawrence v. Times Printing Co.

22 Wash. 482 · Washington Supreme Court · May 17, 1900

It appears here clearly, however, that the peculiar value of the contract in controversy between the plaintiff and The Times Printing Company is based upon the allegation that the right to receive the news reports is exclusively … The term, in a legal sense, contains the element of a grant or immunity, privilege, or exemption by public or quasi-pub] ic authority. It may sometimes be used in a popular sense as a privilege.

Lambert v. Heurtas

District Court, W.D. Washington · Nov 4, 2020

argue their motion for summary judgment is based, 23 24 1 in part, on qualified … immunity, and therefore, they should not besubjected to the costs of 2 discovery in cases where they have not violated plaintiff’s clearly established rights.

Equal Employment Opportunity Commission v. Telecare Mental Health Services of Washington Inc

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

EEOC Bears the Burden of Establishing Prima Facie Case 14 Title I of the ADA prohibits discrimination “against a qualified individual … A prohibition on after-acquired evidence as proposed by the 2 EEOC could have the incongruous effect of requiring employers to hire unqualified applicants, a 3 result Congress clearly did not intend, as evidence by the

Doe v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints

141 Wash. App. 407 · Court of Appeals of Washington · Sep 17, 2007

A grant of immunity from liability clearly implies that civil *423 liability can exist in the first place. Accordingly, we conclude that a private cause of action is implied under the mandated reporting statute. B. … Although K.S. was old enough to clearly testify, on balance the probative value of V.C.’s testimony outweighed the prejudicial effect.”

In Re the Estate of Searl

29 Wash. 2d 230 · Washington Supreme Court · Nov 20, 1947

Searl died July 5, 1945, not having qualified as executor of Mrs. Searl’s will. Thereafter, George W. Roberts, Esquire, who had represented Mr. … They did not make such wills, and the question presented must be determined in accordance with sound and well-established principles of law.

Committee of Tort Litigants v. Catholic Diocese of Spokane

364 B.R. 81 · District Court, E.D. Washington · Jun 30, 2006

qualifies the interest conveyed. … The trust is not dependent on a decree of court for its establishment.” (emphasis added).

State v. Reid

30 P.3d 465 · Washington Supreme Court · Sep 6, 2001

Harris the trial court found: The defense of insanity has been established by a preponderance of the evidence. … This approach is inconsistent with RCW 10.77.150(2) which clearly sets forth the standard for conditional release absent any requirement that the mental defect be cured.

State v. Bottrell

103 Wash. App. 706 · 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. See Edmon, 28 Wn. App. at 102 (expert must examine and diagnose defendant personally and testify “to an opinion with reasonable medical certainty”); State v.

Blue Spirits Distilling, Llc v. Washington State Liquor & Cannabis Board

Court of Appeals of Washington · Dec 22, 2020

With limited exceptions, the APA establishes the exclusive means for judicial review of agency action. RCW 34.05.510. … Exhaustion of administrative remedies is required when: “(1) a claim is cognizable in the first instance by an agency alone; (2) the agency has clearly established mechanisms for the resolution of complaints by aggrieved

State v. Howe

212 P.3d 565 · Court of Appeals of Washington · Jul 21, 2009

. ¶ 9 To determine whether an out-of-state conviction qualifies as a "sex offense," a trial court compares the out-of-state statute with comparable laws of this state. See State v. … The State, therefore, failed to establish an essential element of the crime of failure to register as a sex offender. Werneth, 147 Wash.App. at 555 , 197 P.3d 1195 .

Albayati v. Cascade Windows

District Court, E.D. Washington · Sep 25, 2025

poverty claim is 17 false “or (B) the action or appeal-- (i) is frivolous or malicious; (ii) fails to state a 18 claim on which relief may be granted; or (iii) seeks monetary relief against a 19 defendant who is immune … The second amended complaint must be legibly rewritten 3 or retyped in its entirety; it should be an original and not a copy; it may not 4 incorporate any part of the complaint by reference; and IT MUST BE CLEARLY 5

In Re F5 Networks, Inc.

207 P.3d 433 · Washington Supreme Court · May 21, 2009

But we have also long recognized that demand is not required if the plaintiffs can "`clearly show that a demand for corporate action would have been useless.'" … The legislature clearly contemplated that there would be times demand would not be made and did not, as they could, require dismissal.

Dillard v. Washington Public Employees' Retirement System

23 Wash. App. 461 · Court of Appeals of Washington · Jun 6, 1979

Dillard's total incapacity arose from "the tension and strain placed upon her by her work over a period of years” and not as the natural and proximate result of an accident, "clearly erroneous in view of the entire record … Rohila's nonmedical testimony is both competent to establish and did in fact establish a causal connection between some traumatic incidents and Mrs.

Garcia v. Department of Transportation

161 Wash. App. 1 · Court of Appeals of Washington · Feb 22, 2011

Miller, who by all accounts is certainly qualified as an expert in this area, in his opinion, the City failed to exercise proper engineering discretion by not demanding or requesting of the state Department of Transportation … It is well established that in order to hold a municipality liable for failure to provide a safe roadway, the plaintiff must establish “more than that the government’s breach of duty might have caused the injury.”

State Of Washington v. Margie L. Derenoff

Court of Appeals of Washington · Jul 15, 2014

Here, the first Mathews factor, regarding Derenoff' s private interests, clearly weighs in Derenoff s favor because forced hospitalization deprives her of significant liberty interests. Addington, 441 U. S. … In re Fair, 167 Wn.2d at 362. " When confronted with revocation of a qualified or conditional liberty, the United States Supreme Court has indicated that limited Fourteenth Amendment due process guaranties

Hisle v. Todd Pacific Shipyards Corp.

93 P.3d 108 · Washington Supreme Court · Jun 24, 2004

Preemption may be found only if federal law "clearly evinces a congressional intent to preempt state law", or there is such a "`direct and positive'" conflict "that the two acts cannot `be reconciled or consistently stand … As a consequence, the method by which certain compensation is calculated is not dispositive of whether or not the payment qualifies as the "regular rate of pay." WAC 296-128-550. B.