Case law

State v. Lee

87 Wash. 2d 932 · Washington Supreme Court · Dec 30, 1976

Const. amend. 14 provides: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without … Page 1, however, describes each page of the exhibits and the attestation and certification clearly apply to the subsequent pages. [6] Each exhibit satisfied the requirements of Burgett v.

Susanne Turnipseed, V. Dayton Campbell Harris

Court of Appeals of Washington · Mar 25, 2025

To the extent she provided opinions regarding Turnipseed’s condition, she gave unequivocal testimony that clearly was based on her expertise. … But the trial was not about establishing fault – Campbell Harris admitted fault. The trial was about determining whether the 2012 accident caused Turnipseed’s claimed injuries.

State v. Makela

66 Wash. App. 164 · Court of Appeals of Washington · Jun 22, 1992

Makela moved to exclude those statements on the basis that they did not qualify as prior consistent statements under ER 801(d)(1)(ii). … Thus, the record clearly shows that Makela not only attacked J's credibility, but also expressly charged that she was fabricating her allegations.

Roberson v. Perez

96 P.3d 420 · Court of Appeals of Washington · Aug 3, 2004

We also very clearly requested any internal documents relevant to an investigation of [Detective] Perez. " CP at 1451 (emphasis added). Mr. … The plaintiffs' discovery requests that are the subject of the sanction were clearly addressed to the City of Wenatchee alone.

Respiratory Care v. State, Dept. of Revenue

268 P.3d 972 · Court of Appeals of Washington · Dec 20, 2011

Dep't of Revenue, 105 *979 Wash.2d 912, 917-18, 719 P.2d 541 (1986) (rejecting taxpayer's argument that the Department could use a regulation "to expand the tax immunity of exporters beyond the exemptions provided by statute … 94 Wash.2d 701, 711 , 620 P.2d 88 (1980)). [14] Excise Tax Bulletin 498.08.151, which the Department promulgated almost 28 years before the legislature adopted its own statutory definition of "prosthetic devices," [15] clearly

Harris v. Department of Labor & Industries

120 Wash. 2d 461 · Washington Supreme Court · Jan 21, 1993

Accordingly, the Department *485 has established procedures for placing the worker on the pension rolls retroactively. Clerk's Papers, at 39. … Congress intended for qualified workers to receive federal benefits upon their retirement, unless specific provisions of the Social Security Act provide otherwise.

Myers v. Little Church by the Side of the Road

37 Wash. 2d 897 · Washington Supreme Court · Jan 27, 1951

As Labatt states: “It would clearly be inconsistent with the rationale of the defense of assumption of risks to regard it as being ap *909 plicable in cases where, through mere inadvertence at the time of the accident, the … No effort was made to qualify appellant as an expert in the interpretation of X rays. Proper objection, on the ground of the lack of qualifications of the witness, was made to the question which elicited this testimony.

Valentine v. Portland Timber & Land Holding Co.

15 Wash. App. 124 · Court of Appeals of Washington · Mar 22, 1976

Clearly, due process requires a “day in court” before property interests can be extinguished. … Even assuming arguendo that the amount of Olson’s bid represents the amount of his judgment, we are not persuaded that the mortgagee at a foreclosure sale cannot qualify as a bona fide purchaser for value.

Powers v. United States

District Court, W.D. Washington · Feb 2, 2023

Sovereign Immunity 21 Although 28 U.S.C. § 1333 confers subject matter jurisdiction in this matter, it 22 does not waive sovereign immunity. … Dismissals on the basis of factual jurisdictional 16 challenges are, however, rare,4 and they are warranted only when the asserted federal 17 claim “clearly appears to be immaterial and made solely for the purpose of

No Oilport! v. Carter

520 F. Supp. 334 · District Court, W.D. Washington · Feb 9, 1981

The record establishes that the Secretary clearly fulfilled the first aspect of this obligation; the governmental comments were made available to the public. … Is NTPC Qualified to Hold the Permit?

Moore v. First Virginia Bank-Damascus

16 Va. Cir. 111 · Washington County Circuit Court · May 19, 1989

Moore qualified as administratrix, c.t.a., of the estate of her son. Mrs. Moore has brought this chancery cause individually and as administratrix of said estate. Mrs. … The language employed in security agreements attempting to establish a security interest for future advances are commonly referred to as "dragnet clauses" or "floating *116 liens."

King County v. Viracon Inc

District Court, W.D. Washington · Oct 26, 2020

The doctrine “is not a 13 privilege but a qualified immunity protecting from discovery documents and tangible things 14 … the challenged work product does not contain the mental impression, 3 conclusion, or legal theory of an attorney, work product protection is qualified

Fluke Corp. v. Hartford Acc. & Indem. 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 ...

Life Care Centers of America, Inc. v. Department of Social & Health Services

162 Wash. App. 370 · Court of Appeals of Washington · Jun 27, 2011

As part of this program, DSHS compensates nursing facilities in this state for care they provide to residents who qualify for Medicaid. … Rather, we must determine the Legislature’s intent, as expressed by the statutes before us. ¶33 Second, as we explained earlier in this opinion, the statutes clearly state that the MACMI and FACMI shall be determined from

Matson v. United Parcel Service, Inc.

872 F. Supp. 2d 1131 · District Court, W.D. Washington · May 25, 2012

Matson was qualified for the position prior to the alleged falsification of records. See Dkt. # 43 (Ex. C to Humphreys Decl. at 8:47-9:5). … .1998) ] requirement that a plaintiffs circumstantial evidence of pretext must be ‘specific’ and ‘substantial’ — this panel may not overturn Ninth Circuit precedents in the absence of ‘intervening higher authority’ that is ‘clearly

In re the Personal Restraint of Carter

154 Wash. App. 907 · Court of Appeals of Washington · Mar 9, 2010

Carter contends that this change in the law applies retroactively to his case. ¶16 Deck applied clearly established law relevant to the guilt phase of a trial to the capital sentencing context. Lakin v. … To the extent that Carter’s argument is successful, the ends of justice clearly warrant reconsideration of this issue. See In re Pers.

State v. Sum

Washington Supreme Court · Jun 9, 2022

This factor clearly favors recognition. … Sum, No. 99730-6 know the deputy’s race does not negate the relevance of Sum’s race, which is clearly established by the record and undisputed on appeal.

Snohomish County v. Public Utility District No. 1

105 Wash. 2d 606 · Washington Supreme Court · Apr 10, 1986

We wanted, first, to establish once and for all that vital statistics — birth, death and marriage records — were public documents. … It had never occurred to us that they were not, and now we had the opportunity to establish a precedent of substance.

West

District Court, W.D. Washington · Jul 13, 2026

or malicious”; (b) 23 “fails to state a claim on which relief may be granted”’ or (c) “seeks monetary relief 24 1 against a defendant who is immune … He claims these actions 3 constitute “gross negligence qualifying as deliberate indifference and seeks 4 compensatory and punitive damages.

Leon v. Elledge

District Court, W.D. Washington · Dec 23, 2022

immunity. … It is not clearly established in this circuit whether prison 2 officials may visually inspect legal mail outside the presence of an inmate.