Case law

Fluke Corp. v. Hartford Accident & Indemnity Co.

145 Wash. 2d 137 · Washington Supreme Court · Nov 21, 2001

The insurance provision is clear and the type of coverage well established, and the only Washington case that has considered such coverage accepted its validity. … Given the clarity of that promise, the trial court focused on the qualifying phrase “because of. . . injury. . . arising out of. . .

Johnson v. Department of Health

133 Wash. App. 403 · Court of Appeals of Washington · May 1, 2006

letter was found a misrepresentation in that it was intended to convince the judge that Client A was in compliance with court-ordered services and that Johnson was providing those services, when in fact Johnson was neither qualified … She intended the court to believe that she was acting in her professional capacity as a counselor, even if in fact she had not established a professional relationship. ¶ 15 To be sanctionable, misconduct does not have to

Southcenter Joint Venture v. National Democratic Policy Committee

113 Wash. 2d 413 · Washington Supreme Court · Oct 19, 1989

Consequently, a "Legislature-only" approach to state free speech jurisprudence was not clearly established in the 1880's. … That would be to establish a code of municipal law regulative of all private rights between man and man in society.

Sims v. City of Seattle

District Court, W.D. Washington · Jul 28, 2022

If only a portion or portions of the material on a page qualifies for protection, the 9 producing party also must clearly identify the protected portion(s) (e.g., by making appropriate 10 markings in the margins). … This provision is not intended to 21 modify whatever procedure may be established in an e-discovery order or agreement that provides 22 for

State v. Darden

145 Wash. 2d 612 · Washington Supreme Court · Mar 7, 2002

Although it may be that some communications between civilians and law enforcement surrounding a surveillance operation might qualify as privileged, it is absurd to claim a location per se is communication. … Although most evidentiary privileges in Washington are statutory, this court does have the power to recognize a privilege when doing so is clearly warranted. Maxon, 110 Wn.2d at 569 .

Spivey v. City of Bellevue

Washington Supreme Court · Feb 9, 2017

The Washington Legislature appeared to take these considerations into account when it added melanoma to the list of qualifying diseases in RCW 51.32.185. … We thus apply the Morgan theory to the presumption: once a firefighter shows that he or she suffers from a qualifying disease, RCW 51.32.185(1) imposes on the employer the burden of establishing otherwise by a preponderance

Schiffman v. Hanson Excavating Co.

82 Wash. 2d 681 · Washington Supreme Court · Aug 2, 1973

. *686 which points out that the amendment re-establishes the ancient policy against piecemeal appeals with clarity and precision, with the addition of “a discretionary power to afford a remedy in the infrequent harsh case … Any order failing to qualify under the rule is subject to revision at any time prior to the entry of a final judgment adjudicating the entire action.

In Re Elliott

74 Wash. 2d 600 · Washington Supreme Court · Oct 10, 1968

Or, the legislature may, for example, withdraw, alter or allow legal remedies as when it immunizes the state and its subdivisions from tort liability, or restores that liability in whole or in part. … to a federal court in 1952 that a paying patient in a charitable hospital could not recover from the hospital for the negligence of a hospital nurse, would we, in 1953, have been in a position to strike down the virtual immunity

Ngo v. DeJoy

District Court, W.D. Washington · Jan 31, 2024

See Bachelder, 259 F.3d at 1123–24. 4 Defendant seeks dismissal on the theory that plaintiff cannot establish an FMLA 5 interference claim because she was no longer eligible for FMLA leave when she was 6 marked … To establish pretext, a plaintiff must put forward “specific” evidence indicating that the 19 employer’s articulated nondiscriminatory reason is

State v. McGee

122 Wash. 2d 783 · Washington Supreme Court · Dec 9, 1993

According to McGee, the statute does not clearly indicate which terms the phrase "within one thousand feet of the perimeter of the school grounds" modifies. … defendant's interpretation unreasonable and so concludes there is no ambiguity. *798 The majority's analysis, however, articulates the reasons why the majority prefers its own interpretation of the statute, but fails to establish

Feil v. E. WASH. GROWTH MGMT. HEARINGS BD.

220 P.3d 1248 · Court of Appeals of Washington · Dec 3, 2009

The findings refer to the buffers established in the permit application, and the application in turn promises compliance with the buffer requirements of the County code. … County regulations that establish recreational overlay districts in agricultural areas do not then permit a land use that is prohibited by the GMA.

State ex rel. Royse v. Superior Court

46 Wash. 616 · Washington Supreme Court · Jul 22, 1907

We regard that decision as an authority we should follow, unless the common law rule has been clearly changed by statute in this state. The relator calls our attention to Bal. Code, § 567 (P. … One may not lightly throw aside responsibilities which he has assumed and leave the public without an official, when some possible emergency might make the existence of a qualified officer of great importance.

Wilhelm v. Spokane Community Mental Health Center

45 Wash. App. 489 · Court of Appeals of Washington · Oct 2, 1986

Likewise, the record reveals the court reviewed the intent of the Legislature and the law; it clearly articulated its dislike for long-term foster care. … The source of a state agency's rights, powers, duties, privileges and immunities is statutory. State Liquor Control Bd. v. State Personnel Bd., 88 Wn.2d 368, 371 , 561 *501 P.2d 195 (1977); State ex rel. Graham v.

Erik T. Salisbury, Et Ano, V. City Of Seattle, Et Ano

522 P.3d 1019 · Court of Appeals of Washington · Jan 17, 2023

Industrial Insurance Act benefits, and the related statutory language, were not before the court in Gillis, and commenting on them would qualify as “dictum.” … App. 2d 665, 678-96, 513 P.3d 119, review denied, 200 Wn.2d 1014, 519 P.3d 590 (2022) (applying discretionary immunity and the professional rescuer doctrine to claims brought by estate of sheriff’s deputy

Minahan v. Western Washington Fair Ass'n

73 P.3d 1019 · Court of Appeals of Washington · Oct 14, 2003

Section 344 clearly contemplates only those foreseeable, criminal acts that occur on the possessor's land. … Bettcher also argues that the Industrial Insurance Act immunizes him from Minahan's employment claim. He did not assert this defense to the trial court.

DUSSAULT EX REL. WALKER-VAN BUREN v. AIG, Inc.

99 P.3d 1256 · Court of Appeals of Washington · Nov 1, 2004

Tank clearly controls, and it bars Walker-Van Buren from bringing suit against AIG under the unfair practices regulations. … Because she alleges affirmative misrepresentations, she does not need to establish a duty to disclose.

Lawrence v. Potter

22 Wash. 32 · Washington Supreme Court · Jan 2, 1900

We do not think that in this case it is clearly established, or established at all, that, if the register had sat in judgment upon the contest at the local land office, the secretary of the interior would have decided upon … jurisdictional question in favor of the respondent, before the judgment of the lower court in his favor could have been sustained, or else the court must have gone upon the theory that the secretary of the interior *51 was qualified

State Ex Rel. Laughlin v. Washington State Bar Ass'n

26 Wash. 2d 914 · Washington Supreme Court · Jan 7, 1947

. *916 The powers of the Washington state bar association in relation to admission and disbarment are clearly defined in Rem. Rev. Stat. … His main contention is that he has practiced law for more than *924 five years in South Dakota and is, therefore, qualified for admission to the bar in this state.

Michael Aaland, V. Crst Home Solutions, Llc, Et Ano.

Court of Appeals of Washington · Sep 15, 2025

generally not violated where a “message is transmitted at the direction of a person offering cellular telephone or pager service to the person’s existing subscriber at no cost to the subscriber” or where a person who has “clearly … The record thus establishes that CRST sent text messages to Aaland and class members to recruit contractors to contribute to its continued commercial success and growth.

Lewis v. Baird

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

In Bounds, the Supreme Court held the right of access imposes an affirmative duty on 14 prison officials to assist inmates in preparing and filing legal papers, either by establishing an 15 adequate law library or by … Bonzelet, 963 22 F.2d 1258, 1262 (9th Cir. 1992), any amended complaint must clearly identify the defendant(s), 23 the constitutional or federal statutory claim(s) asserted, the specific facts that plaintiff believes