Case law

Garbrick v. Franz

13 Wash. 2d 427 · Washington Supreme Court · May 2, 1942

Oliver, supra, was clearly a case of that kind. … We know of no reason, and none has been suggested, why one denying a contract of lease is more immune from the' broad principle of equitable estoppel than one who denies any other contract.

State v. Carney

178 Wash. App. 349 · Court of Appeals of Washington · Dec 16, 2013

D.C. 331 , 346 F.2d 812 (1965), in concluding that “[i]t would clearly be unconstitutional to *358 permit the conviction of a defendant who was legally insane at the time of the commission of the crime.” … As to convictions that are already final, a defendant can collaterally attack the conviction only if the defendant can establish one of the two exceptions recognized in Teague.

State v. MacReady

32 Wash. App. 928 · Court of Appeals of Washington · Sep 15, 1982

The qualifying language, added to the inference instruction, could, in some cases, emphasize the fact that there is no evidence to explain a defendant's intent when unlawfully entering or remaining in a building. … It is clearly constitutional. State v. Bennett, 20 Wn. App. 783 , 582 P.2d 569 (1978).

Price v. State

96 Wash. App. 604 · Court of Appeals of Washington · Jul 16, 1999

The cause of action accrued regardless of whether they knew that these facts established a legal cause of action. Allen, 118 Wn.2d at 758 . … Clearly, the Prices knew in 1989, when DSHS disclosed the 16 additional pages, that in 1981 DSHS did not disclose all of C.’s health history.

Greenpeace v. National Marine Fisheries Service

55 F. Supp. 2d 1248 · District Court, W.D. Washington · Jul 13, 1999

The Biological Opinion could be written much more clearly. … Although NMFS contends that the scoping notice and the SEIS clearly establish that the federal action under review was only the setting of TAC levels, both documents are in fact ambiguous on this point.

Harbor Enterprises, Inc. v. Gudjonsson

116 Wash. 2d 283 · Washington Supreme Court · Jan 24, 1991

Under our statutes, RCW 4.12.040 and .050, a litigant has the right to disqualify a trial judge, without establishing actual prejudice, if the statutory requirements of RCW 4.12.050 are met. … Cockrell , at 565. *286 A timeliness requirement qualifies the statutory right. RCW 4.12.050 provides in relevant part: . . .

State v. Quaale

Washington Supreme Court · Dec 18, 2014

As has been explained, the HGN test can indicate the presence of alcohol in a suspect but it cannot establish impairment. … The test, however, cannot establish impairment by itself, and testimony to the contrary violates the limitations imposed by our decision in Baity.

Estevez v. Faculty Club of Univ. of Wash.

120 P.3d 579 · Court of Appeals of Washington · Oct 3, 2005

The burden is on the moving party to establish its right to *586 summary judgment as a matter of law. … Thus, we hold that the Club does not have "meaningful conditions of limited membership" sufficient to qualify it for a "bona fide private club" exemption under 42 U.S.C.2000e(b)(2).

PNSPA v. City of Sequim

144 P.3d 276 · Washington Supreme Court · Oct 12, 2006

. ¶ 7 The city moved for summary judgment, arguing that the claim of interference with a contractual relationship or business expectancy failed because the plaintiffs failed to establish the elements of the tort. … PNSPA's complaint clearly states that gun collectors, dealers, and buyers were invited to "sell, trade and buy" the firearms. [5] CP at 80.

Polygon Northwest Co. v. American Nat. Fire Ins. Co.

189 P.3d 777 · 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 necessary to establish coverage for claims against the insured and is based on the rights of the insured.

Alaska Steamship Co. v. State

31 Wash. 2d 328 · Washington Supreme Court · Aug 19, 1948

It is well established that the Commerce Clause is a limitation upon the power of the States, even in absence of action by Congress. Southern Pacific Co. v. Arizona, 325 U. S. 761 ; Morgan v. Virginia, 328 U. S. 373 . … “The prohibition contained in the Import-Export Clause against taxation on exports clearly involves more than a mere exemption from taxes laid specifically upon the exported goods themselves.

State v. Brunn

22 Wash. 2d 120 · Washington Supreme Court · Jan 4, 1945

It was also completely within the power of one man, the trial judge — and will still be if the statute we are discussing is held unconstitutional — to give complete and perpetual immunity to any criminal on trial before him … Clearly the Constitution cannot be said to include the equivalent of a former trial and acquittal, when the means of ascertaining that equivalent are not governed by it.” (Italics ours.)

Pederson's Fryer Farms, Inc. v. Transamerica Insurance

83 Wash. App. 432 · Court of Appeals of Washington · Sep 6, 1996

The amount Pederson’s expended for cleanup was clearly established at trial through introduction of the bills it received and paid. The amount expended to clean up the contamination was a sum certain. … Clearly, International Ins. did not overrule Olympic S.S.

Sebastian v. Department of Labor & Industries

142 Wash. 2d 280 · Washington Supreme Court · Nov 2, 2000

Calculation of a proportionate share of attorneys’ fees and costs shall be made under the formula established in RCW 51.24.060. … In 1982, Second Substitute House Bill 828 reinstated application of the program to all qualifying victims. Laws of 1982, 1st Ex. Sess., ch. 8, § 2.

Department of Natural Resources v. Public Utility District No. 1

187 Wash. App. 490 · Court of Appeals of Washington · Apr 30, 2015

. *497 ¶13 In 1931, the legislature authorized the establishment of public utility districts. Laws of 1931, ch. 1, § 2. … It provides that “[o]nly personnel qualified to work on electrical equipment may take possession or control of evidence owned or controlled by an electric utility.”

Salom v. Nationstar Mortgage LLC

District Court, W.D. Washington · Dec 5, 2024

Supp. 7 2d at 803; see also Faiella, 928 F.3d at 147 (explaining that it stated “‘in part’ because the doctrine 8 also rests solidly ‘upon considerations of sovereign immunity and constitutional grounds.’”). … The test is whether Freddie Mac 12 is engaged in a governmental objective, and it clearly is. Id. 13 D.

State v. Burke

196 Wash. 2d 712 · Washington Supreme Court · Jan 14, 2021

The forensic nurse working in this role is uniquely qualified to provide the comprehensive care necessary to the sexual assault survivor. … The Supreme Court clearly adopted this approach because of the concerns that led to the adoption of the confrontation clause in the first place.

In re the Marriage of Hamilton

120 Wash. App. 147 · Court of Appeals of Washington · Jan 15, 2004

Casey is qualified for SSI due to his disabilities. 3. Casey has not treated with any doctors or therapists in San Antonio, Texas, since August of 2001. … George has not filed an affidavit and, therefore, has not established that he lacks the ability to pay Dena’s costs and attorney fees.

Melwani v. Amazon.com Inc

District Court, W.D. Washington · Aug 29, 2023

If only a portion or portions of the material on a page qualifies for 14 protection, the producing party also must clearly identify the protected portion(s) (e.g., by 15 making appropriate markings in the margins). … This provision 26 is not intended to modify whatever procedure may be established in an e-discovery order or 1 agreement that provides for production without prior privilege review.

Beltran-Serrano v. City of Tacoma

442 P.3d 608 · Washington Supreme Court · Jun 13, 2019

Under well-established negligence principles, police officers owe a duty of reasonable care in situations such as this. … Law Inst. 1965) explains that “the duty established by law to refrain from the negligent conduct is established in order to protect the other from the risk of having his interest invaded by harm resulting from one or more