Case law

Zimmerman v. W8Less Products, LLC

160 Wash. App. 678 · Court of Appeals of Washington · Mar 15, 2011

All management employees must have employment contracts that clearly explain their duties and responsibilities and were [sic] possible layout milestones for accomplishing goals. … This assertion is based on their proving that they are immune from personal liability as members of the LLC, an issue the trial court did not reach. ¶42 Requests for CR 11 sanctions do not amount to an affirmative defense

Cyma Tupas v. Department Of Ecology

Court of Appeals of Washington · Dec 7, 2015

In November 2012, Tupas filed a lawsuit against the Department and three supervisors alleging national origin discrimination and retaliation.1 She alleged that, beginning in 2007, less qualified Caucasian workers were selected … immunity from p_re judgement interest on tort claims.

State v. Spencer

111 Wash. App. 401 · Court of Appeals of Washington · Apr 26, 2002

The basis of his motion was that he had newly discovered evidence in the form of an affidavit from Leanne McMullen in which she qualified some of her trial testimony. … In a criminal case, a statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement." [6] "A person commits the

Khan v. Bechtel National Inc

District Court, E.D. Washington · Mar 13, 2020

If only a portion or portions of the 7 material on a page qualifies for protection, the producing party also must clearly 8 identify the protected portion(s) (e.g., by making appropriate markings in the 9 … This provision is not intended to modify whatever 20 procedure may be established in an e-discovery order or agreement that provides 21

State v. Mahoney

120 Wash. 633 · Washington Supreme Court · Jul 8, 1922

A consideration of the assignments presented upon the appeal requires a statement of the facts which the evidence tended to establish. … The chief grounds of this application are the need of appellant’s counsel to qualify themselves in cross-examining the expert witnesses that might be called, and to raise money wherewith to present their defense.

Gray v. Goodson

61 Wash. 2d 319 · Washington Supreme Court · Jan 31, 1963

Clearly, at the time of the wrongful death when the cause *327 of action accrues, the beneficiaries are then "vested" with the right to the benefit of the cause of action. … established liability on the part of the alleged tort-feasors.

State v. Hirschfelder

242 P.3d 876 · Washington Supreme Court · Nov 18, 2010

Since the legislature did not qualify the statutory language creating the affirmative defense, this court must apply the clear directive of RCW 9A.44.030(3)(d). ¶ 32 As additional support, the majority also applies a general … The former statute establishes the prosecution's claim, and the latter permits a defendant's assertion of facts that, if proved, will defeat the prosecutor's claim.

HB Development, LLC v. Western Pacific Mutual Insurance

86 F. Supp. 3d 1164 · District Court, E.D. Washington · Feb 6, 2015

Additionally, the policy clearly states that it provides only claims-made coverage, and what that means. … Furthermore, the policy explicitly defines a qualifying “claim” as one made for damages. Notification of an occurrence or *1180 offense alone, although required by the policy, does not trigger coverage on its own.

State v. Roth

75 Wash. App. 808 · Court of Appeals of Washington · Sep 26, 1994

Clearly, then, evidence of a prior incident in which Roth married, insured, and murdered a woman would be highly relevant to a crucial aspect of the State’s case: the need to rebut Roth’s claim of accident and to establish … "It is settled law that under the Sixth Amendment criminal defendants 'who can afford to retain counsel have a qualified right to obtain counsel of their choice.’ ” United States v.

Monper v. Boeing Co.

104 F. Supp. 3d 1170 · District Court, W.D. Washington · May 13, 2015

Under the BCERP, participants with at least 10 years of qualifying vesting service may retire as early as age 55. … Absent information clearly responsive to this question, Plaintiffs relied on the word of the Direct Communication Defendants, including pension office and Total Access representatives allegedly overseen by the Committee,

Ochoa v. Campbell

266 F. Supp. 3d 1237 · District Court, E.D. Washington · Jul 31, 2017

Communication and cooperation between federal, state, and local offi *1254 cials on immigration matters is clearly permissible, but the role state and local officials can take in such matters is limited. … Defendants are not authorized or qualified to perform the duties of immigration officers. See discussion re state and local official’s immigration authority, supra section V.B.4.a & b.

Sloan v. Thompson

115 P.3d 1009 · Court of Appeals of Washington · Jul 5, 2005

The superior court stated in its memorandum decision that "there is no evidence of fraud or concealment" and that "[w]hile the defects of the house clearly meet that standard, the proof is not there to establish a knowing … In fact, all expert testimony points to the contrary, and the superior court erred in imputing such knowledge upon the Sloans. ¶ 28 Furthermore, the "as-is" provision in the purchase contract does not immunize Thompson from

Cultum v. Heritage House Realtors, Inc.

103 Wash. 2d 623 · Washington Supreme Court · Jan 11, 1985

It establishes the date of possession, but not whether the date refers to legal or physical possession. This hardly appears to be a "simple" document. … A qualified plumber, electrician, a general contractor, a city inspector? Is it merely the fact of inspection which satisfies the condition?

State v. Bacon

190 Wash. 2d 458 · Washington Supreme Court · Apr 19, 2018

Thus, the rule established by our older cases retains its vitality today: the power to impose and suspend sentences must be granted by the legislature.^ State ex rel. Woodhouse v. … As currently written, the JJA clearly limits the juvenile court's authority to impose suspended manifest injustice dispositions to the specific situations listed in RCW 13.40.160(10).

Floe v. Cedergreen Frozen Pack Corp.

37 Wash. 2d 886 · Washington Supreme Court · Jan 26, 1951

Payment to respondents was made in accordance with the rate schedule for the hauling of fresh vegetables established by the department of transportation of the state of Washington. … Day, it is true, qualified this statement with the remark that it might have eliminated a little of the cleaning, but testified that the peas on arrival at Mount Vernon were put through the cleaning mill even so.

Bruce M. Beatty v. Washington Fish & Wildlife Commission

Court of Appeals of Washington · Jan 15, 2015

"The pamphlet shall be written to clearly indicate the prospecting methods that require a permit under this chapter and prospecting methods that require compliance with the pamphlet." RCW 77.55.091(3). … Beatty neglected to address which of the qualifiers in RCW 34.05.010(16) apply to the WDFW's action in order to classifY the internal mitigation policy as a rule.

Nat. Bank of Commerce of Seattle v. Dunn

194 Wash. 472 · Washington Supreme Court · Apr 22, 1938

for, and is ready for occupancy in accordance with this lease, then the Cline Piano Company may assign this lease to the Cline Building Company, provided said Cline Building Company is duly organized as a corporation and qualified … That the parties well knew how to state such a covenant, clearly appears, as the lessee covenanted to pay taxes, to repay money paid by the lessor on account of liens or charges established against her interest, and to do

Phillips v. KIRO-TV, Inc.

817 F. Supp. 2d 1317 · District Court, W.D. Washington · Oct 5, 2011

The Court directed that plaintiffs response was due August 22, 2011, and stated clearly and unequivocally that “[n]o further extensions shall be granted to plaintiff.” Id., p. 4 . … To establish the falsity element, the plaintiff must show the challenged statement was “provably false.” Schmalenberg v. Tacoma News, Inc., 87 Wash.App. 579, 590-91 , 943 P.2d 350 (1997).

Lewis v. Stewart

District Court, W.D. Washington · Sep 22, 2021

Qualified Immunity 21 The Court has concluded that plaintiff’s remaining claims should be dismissed for 22 other reasons; accordingly, the Court does not reach defendants … ’ argument that they 23 are entitled to qualified immunity. 24 1 F.

State v. Russell

125 Wash. 2d 24 · Washington Supreme Court · Oct 13, 1994

In fact, the missing middle section of the majority’s quote, majority, at 46, from pages 145-46 of the report clearly discusses RFLP analysis. … The Frye hearing demonstrated a real controversy among qualified scientists.