Case law

Ruff v. DEPT. OF LABOR & INDUS. OF STATE

28 P.3d 1 · Court of Appeals of Washington · Jul 17, 2001

Thereafter, Ruff moved to dismiss her appeal based on the exclusion of the above evidence and the lack of other evidence to establish a prima facie case. … Unlike the doctor there, DLI clearly argued that the theory of "chronic porphyria" caused by odor-level chemicals present during building remodel lacked general acceptance in the medical community. As such, Dr.

Mains Farm Homeowners Ass'n v. Worthington

121 Wash. 2d 810 · Washington Supreme Court · Jul 15, 1993

The court rejected that argument, but in so doing drew an important distinction — a distinction which demonstrates clearly that Hunter does not support the defendant. … We have not been made aware of what coordinated efforts, if any, are being made by state or local agencies to establish adult family homes.

Backlund v. BOARD OF COMMISSIONERS OF KING CTY. HOSP. DIST. NO. 2

106 Wash. 2d 632 · Washington Supreme Court · Sep 11, 1986

The trial court concluded that the Board's decision was clearly erroneous and Dr. Backlund's privileges at Evergreen should be reinstated. The Board requested direct review by this court. … Backlund's beliefs and conduct are protected by the free exercise of religion clause of the first amendment to the United States Constitution. [3] [3] To qualify for First Amendment protection individuals must prove only

Decker v. Decker

52 Wash. 2d 456 · Washington Supreme Court · Jun 5, 1958

However, in cases wherein such provisions were not clearly spelled but or were not characterized as alimony or support, our decisions are in conflict. … If, on remand, respondent can show that he and appellant have valid defenses to any of the debts, then he will have established pro tanto that the provision relative to the payment of community debts bears no reasonable relation

Preferred Contractors Ins. Co. v. Baker & Son Constr., Inc.

Washington Supreme Court · Aug 11, 2022

The statute insureds rely on for public policy exceptions must also clearly indicate the legislature’s intent for private parties to compensate those they injure. … The insurance policies PCIC issued to Baker fail to provide prospective or retroactive coverage and create limited one-year windows for claims to occur and be reported to qualify for coverage.

In re Det. of M.E.

Washington Supreme Court · Mar 19, 2026

The issues in this case are clearly public in nature. In addition, a shortage of ITA defense counsel is almost certain to recur in the future, either in King County or elsewhere in Washington. … Resolving this argument does not turn on the specific language of the Standards, and it will clearly provide an authoritative determination going forward.

BOGLE AND GATES v. Holly Mountain Resources

32 P.3d 1002 · Court of Appeals of Washington · Oct 4, 2001

Thus, there was no need to resort to extrinsic evidence to establish the identity of the parties to the agreement. Id. at 296-97 , 890 P.2d 480 . … But, Evans, 52 Wash.2d at 637 , 328 P.2d 671 , clearly states that the statute requires a contract in writing or a written agreement, not some ex parte memorandum related thereto.

State Of Washington, V. Kyle Broussard

525 P.3d 615 · Court of Appeals of Washington · Mar 13, 2023

While our standard of review provides great deference to the trial court’s evidentiary rulings, it does not immunize them. The ruling here was an abuse of discretion. … No. 83056-2-I/11 As this court clearly explained in Wafford, comments made during opening statement can open the door to otherwise inadmissible evidence. 199 Wn. App. at 39.

Jerry L. Barr v. Snohomish County Sheriff

419 P.3d 867 · Court of Appeals of Washington · Jun 12, 2018

Sess., ch. 155, § 9(11); (16).3 By establishing a method to seal juvenile records, the legislature reiterated its desire to treat juvenile records more confidentially than other court records. … Applying the rule established in Nelson to Barr’s case, we hold that the Sheriff had a legal duty to issue Barr a CPL.

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.

Tulalip Tribes Of Washington Et Ano, V. Lexington Insurance Company

Court of Appeals of Washington · Mar 31, 2025

First, Hill & Stout established that a government order alone is insufficient to qualify as a “direct physical loss of or damage to property.” 200 Wn.2d at 225 (“The average person purchasing a property insurance policy would … Co., to support the contention that invisible but hazardous events that impact the air qualify as a “physical loss.” 113 Wn.

In re the Personal Restraint of Cashaw

68 Wash. App. 112 · Court of Appeals of Washington · May 26, 1992

He has clearly demonstrated a lack of rehabilitation by continuing to violate the conditions of his parole and the law. … RCW 9.95.110 allows the Board to establish rules and procedures for determining the circumstances under which an inmate may be permitted to leave the confines of prison on parole.

McFadden v. Allen-Nelson Mill Co.

150 Wash. 249 · Washington Supreme Court · Dec 13, 1928

We conclude, therefore, that under the terms of the contract, as a whole, only a qualified or determinable interest was granted (McClary v. … Frazee, 79 Md. 27 , 28 Atl. 1105 , it was held that it was well established that, where a party’s rights in property sufficiently appear of record, mere silence upon his part was no violation of duty and he was not estopped

Downie v. Cooledge

48 Wash. 2d 485 · Washington Supreme Court · Mar 8, 1956

Respondent paid the note upon the extended maturity date, received the note from the payee bank with the bank’s qualified endorsement (without recourse), and thereupon became a holder for value as provided in RCW 62.01.026 … This court has consistently held that failure to comply with these rules will make the findings of fact the established facts of the case. Paulson v.

United States v. Haughton

290 F. Supp. 422 · District Court, W.D. Washington · Jul 15, 1968

On September 13, 1967, the Local Board, in reply to defendant’s letter of August 24, advised defendant that he was not qualified for civilian work as he was not classified I-O. … Defendant in this case did not clearly establish his right to an exemption from military service. Contrast: Dickinson v. United States, 346 U.S. 389 , 74 S.Ct. 152 , 98 L.Ed. 132 (1953).

United States v. Washington

459 F. Supp. 1020 · District Court, W.D. Washington · Jun 30, 1978

Because the findings of the Master are not clearly erroneous, and are based upon substantial evidence clearly sufficient to establish a prima facie showing of treaty entitlement in the Nooksack Tribe, the court has approved … This court will not, in the exercise of its continuing jurisdiction in this case, entertain any application for interference with on-reservation treaty-right Indian fishing, excepting only (a) when it is clearly established

Mahoney v. Sailors' Union of the Pacific

45 Wash. 2d 453 · Washington Supreme Court · Oct 25, 1954

In order clearly to present this matter, a brief review of the purport of our first opinion is necessary. … No rehearing was granted as to these determinations, and they represent the established law of the case.

City of Walla Walla v. $401,333.44

164 Wash. App. 236 · Court of Appeals of Washington · Oct 6, 2011

Among matters that can be at issue in determining whether property is “subject to forfeiture” under RCW 69.50.505 are whether the property qualifies as a type of property that can be *245 seized (in this case, money or proceeds … The first factor—that a later position be clearly inconsistent with an earlier position—is not present. The City asserted that Mr.

Morgan v. Department of Social Security

14 Wash. 2d 156 · Washington Supreme Court · Jul 7, 1942

to establish a necessary equality in the fixing of the grants. … In considering the ownership of a home or an existing right to free living quarters, the department is clearly correct in classifying such as a resource.

State v. Pulfrey

120 Wash. App. 270 · Court of Appeals of Washington · Feb 23, 2004

qualified for diversion. … Testimony at the ensuing suppression hearing established that although Thomas had once been listed by police as a gang member affiliate, his name had since been removed from the list. Id.