Case law

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).

Killinger v. Progressive Direct Insurance Company

District Court, E.D. Washington · Mar 22, 2022

If only a portion or portions of the 1 material on a page qualifies for protection, the producing party also 2 must clearly identify the protected portion(s) (e.g., by making 3 appropriate … This provision 3 is not intended to modify whatever procedure may be established in an e-discovery 4 order or Order that provides for production without prior privilege review.

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.

National Licensing Ass'n v. Inland Joseph Fruit Co.

361 F. Supp. 2d 1244 · District Court, E.D. Washington · Apr 15, 2004

Additionally, the burden of establishing standing remains at all times with the party invoking federal jurisdiction. Warth v. … In Calgon, the court analyzed whether the plaintiffs exclusive license was in fact qualified as an assignment by transferring all substantial rights in the patent.

Busby v. Trans Union LLC

District Court, E.D. Washington · Dec 14, 2021

If only a 15 portion or portions of the material on a page qualifies for protection, the producing 16 party also must clearly identify the protected portion(s) (e.g., by making appropriate 17 markings in the margins … This provision is not intended to modify whatever procedure 9 may be established in an e-discovery order or agreement that provides for production 10 without prior privilege review.

Richard Eggleston & Shannon Eggleston v. Asotin County

Court of Appeals of Washington · Aug 12, 2025

This issue was conclusively established by the first jury. … Here, the cost to complete the rockeries was clearly disproportionate to the probable loss in value.

Webb v. Busey

District Court, W.D. Washington · Feb 2, 2022

Ordinarily, when a district court dismisses 17 “all claims independently qualifying for the exercise of federal jurisdiction,” it will dismiss all 18 related state claims, as well. Artis v. … The amended complaint must include a short, 12 plain statement clearly stating the factual allegations supporting Plaintiff’s claims and provide 13 clarity regarding what claims he is attempting to bring in this lawsuit

Planned Parenthood of Greater Wash. v. U.S. Dep't of Health & Human Servs.

337 F. Supp. 3d 976 · District Court, E.D. Washington · Aug 31, 2018

The program must clearly communicate that teen sex is a risk behavior for pregnancy and sexually transmitted infections, as well as sociological, economic, and other related risks. Id. … The Court finds that Plaintiffs fail to establish that they would be unable to fairly compete for the grant.

State v. Evans

26 Wash. App. 251 · Court of Appeals of Washington · May 27, 1980

An appellate court should hesitate before setting aside the verdict of a jury in a condemnation case, and it will only make such order when it clearly appears that the verdict is unjust and unsupported by any competent evidence … The only elements which you should take into consideration are those which will actually affect the fair market value of the property and which are established by the evidence."

Commonwealth Ins. Co. v. GRAYS HARBOR

84 P.3d 304 · Court of Appeals of Washington · Apr 13, 2004

Commonwealth argues that section 102 applies only to buildings that qualify as a public nuisance under common law. … Attorney Fees The County asserts that it is entitled to attorney fees because it had to litigate to establish coverage.

State v. Jury

19 Wash. App. 256 · Court of Appeals of Washington · Feb 14, 1978

There were no affidavits or statements by persons medically qualified *260 who would have known of or could diagnose Jury's psychiatric problems. … RCW 9A.36.030 establishes a class C felony, where a person "shall assault another with intent to prevent or resist. . . lawful apprehension or detention ..."

In Re Estate of O'Brien

109 Wash. 2d 913 · Washington Supreme Court · Jan 28, 1988

To constitute a delivery "it must be clearly apparent that the grantor intended that the deed should presently pass title." Juel, at 437. … By characterizing these provisions as nontestamentary, they are immune from invalidation due to noncompliance with the statute of wills, RCW 11.12.020.

Zimmerman v. W8LESS PRODUCTS, LLC

248 P.3d 601 · 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. ¶ 41 Requests for CR 11 sanctions do not amount to an affirmative defense

Dam v. General Electric Co.

144 F. Supp. 175 · District Court, E.D. Washington · Aug 27, 1956

The others clearly appear to involve genuine issues of material fact and will not, therefore, be considered. … kind of trial they would have in-the state court, and any law of the state-which would substantially affect the outcome of the lawsuit must be regarded-as substantive and be followed by the federal court. 4 It is a well-established

State v. Johnson

33 Wash. App. 15 · Court of Appeals of Washington · Dec 9, 1982

Nonetheless, the record clearly reflects Johnson's awareness of this right. … The assignment of counsel may be conditioned upon part payment pursuant to an established *40 method of collection.

Alcoa v. Aetna Cas. & Sur. Co.

998 P.2d 856 · Washington Supreme Court · May 4, 2000

Thus, while it is true Alcoa cannot not have "title" to the groundwater in either Washington or New York, it clearly has an interest in groundwater that can be enforced at law, i.e., its license to withdraw the groundwater … Out of 85 total subareas at the three test sites, the jury was unable to establish Alcoa's knowledge for 33 of them.

Contreraz v. City of Tacoma

District Court, W.D. Washington · Jun 26, 2023

“The work-product rule is not a privilege but a qualified 6 immunity protecting from discovery documents and tangible things prepared by a party or his 7 representative in anticipation of litigation.” Admiral Ins. … “The 14 burden of establishing protection of materials as work product is on the proponent, and it must be 15 specifically raised and demonstrated rather than asserted in a blanket fashion.”

In Re the Interest of: B.R.

Court of Appeals of Washington · Mar 10, 2026

It must also find that “continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.” RCW 13.34.180(1)(f). … the legislature provided that an alleged father’s, birth parent’s, or parent’s wishes must be followed if that person has agreed to termination of their parental rights and their proposed adoptive placement is properly qualified

Estate of Ackerley v. Dep't of Revenue

Washington Supreme Court · Feb 16, 2017

While the 2005 act established a stand-alone estate tax, the tax was still tied to a large extent to the federal estate tax code. … Ackerley's gift tax payments, fully and finally made during his life, do not qualify as transfers made at death. As a result, I would reverse the decision of the Thurston County Superior Court.

Cla Estate Services, V. State Of Washington

Court of Appeals of Washington · Aug 22, 2022

CLA disagrees and contends that Panag is inapposite because that case “dealt with facial falsehoods qualified by an inconspicuous disclaimer.” … While this may be a more candid statement of CLA’s business model than it gave to consumers, unchallenged findings and the record as a whole clearly establish that CLA represented, and its clients