Case law

CLARK COUNTY PUD NO. 1 v. Wilkinson

991 P.2d 1161 · Washington Supreme Court · Feb 3, 2000

On January 20, 1997, the PUD sought reconsideration of the arbitrator's decision with respect to one of the grievants on the ground she was not qualified for the nonunit position she had been awarded at arbitration; the PUD … Washington law clearly indicates a distinction between statutory and constitutional writs of certiorari.

State v. Ollivier

Washington Supreme Court · Oct 31, 2013

Balancing the Factors Balancing the Barker factors clearly weighs against the defendant. … Qualifying Information Sufficient To Establish Probable Cause The trial court determined that when the false information was omitted, there was sufficient qualifying information in the affidavit to establish probable

Fidelity Mortgage Corp. v. Seattle Times Co.

131 Wash. App. 462 · Court of Appeals of Washington · Dec 19, 2005

There is no indication that Fidelity acted or refrained from acting as a result of the Times’ rate charts. f 12 Further, Fidelity has failed to establish that the acts complained of constitute unfair or deceptive acts. … Fidelity contends that certain statements accompanying the chart qualify as misleading advertisements under Hartigan.

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

HIPPLE v. McFadden

255 P.3d 730 · Court of Appeals of Washington · Apr 28, 2011

The complaint alleges that in 2005, DAC determined that Hipple qualified for appointed counsel, supporting the inference that he was unable to pay the terms of the initial contempt order. … And as an exception, the burden is on the party asserting it, here Hipple, to establish sufficient facts demonstrating that the rule applies. Rivas v. Overlake Hosp. Med.

Right-Price Recreation, LLC v. CPCC

105 Wash. App. 813 · Court of Appeals of Washington · Apr 20, 2001

To help prevent such lawsuits, the legislature granted immunity from civil liability to parties who, in good faith, communicate a complaint to a government agency. RCW 4.24.510. … When " clearly necessary" to make this decision, the trial court may undertake in camera review of the requested information. Snedigar, 114 Wash.2d at 166 , 786 P.2d 781 .

State v. Strong

167 Wash. App. 206 · Court of Appeals of Washington · Mar 15, 2012

Other threats qualifying as “wrongful” for purposes of a charge of extortion in the second degree are threats (1) to accuse any person of a crime or cause criminal charges to be instituted against any person; (2) to expose … It noted that “[b]ecause the requisite intent establishes the criminality of the communicative conduct, any impact... on speech is insubstantial.”

State Ex Rel. Chelan Electric Co. v. Superior Court

142 Wash. 270 · Washington Supreme Court · Feb 4, 1927

The inadequacy of use by the general public is a test universally established. Clark v. Nash, 198 U. S. 361 ; Strickley v. Highland Boy Mining Co., 200 U. S. 527 . … From these cases it will be seen clearly that article XXI of our constitution does not conflict with the Federal constitution.

Carroll Construction Co. v. Smith

37 Wash. 2d 322 · Washington Supreme Court · Nov 2, 1950

If respondent intended to so limit his bid regarding the heating, he should have qualified it specifically in that respect. … Ingram, 16 Wn. (2d) 399, 133 P. (2d) 938 : "It is a well-established rule of construction that, when parties adopt a written agreement as the expression of their intentions, that instrument becomes the contract, and all negotiations

State v. Woods

23 P.3d 1046 · Washington Supreme Court · May 24, 2001

Here, the record reflects that the statements to Ragland-Stone were made, in a spontaneous manner, on the heels of a clearly startling event. … He asserts that death-qualified juries are significantly "more likely to vote for guilt" than nondeath qualified juries. Id.

Dreiling Ex Rel. Infospace, Inc. v. Jain

281 F. Supp. 2d 1234 · District Court, W.D. Washington · Aug 22, 2003

The exercise of the duty to rescind ... does not immunize the rescinding transaction from securities law liability.” Oliff v. … Although the Jains may not have acted in bad faith, they clearly were not diligent in their transactions with the Trusts. The second factor rewards an insider who repays the corporation promptly upon demand.

State v. Magers

164 Wash. 2d 174 · Washington Supreme Court · Jul 24, 2008

Clearly, evidence that Magers was arrested in December 2003 for shoving Ray and that a no-contact order was entered following that arrest is admissible. … This allowed the defense to advance its theory without running *190 afoul of established case law.

In Re Disciplinary Proceeding Against Day

173 P.3d 915 · Washington Supreme Court · Dec 20, 2007

s mother knew he was an attorney. ¶ 34 This court has clearly established that an attorney may be sanctioned for misconduct that occurs outside the practice of law. … Even under Justice Williams' analysis, a lawyer molesting a former client who is a minor qualifies as an act of moral turpitude warranting disbarment.

Kerr v. Wenatchee Valley Medical Group

District Court, E.D. Washington · Oct 15, 2020

If only a 7 portion or portions of the material on a page qualifies for protection, the producing 8 party also must clearly identify the protected portion(s) (e.g., by making 9 appropriate markings in the margins). … This provision is not intended to modify 17 whatever procedure may be established in an e-discovery order or agreement that 18 provides for production without prior privilege review.

Spokane & Idaho Lumber Co. v. Loy

21 Wash. 501 · Washington Supreme Court · Oct 9, 1899

Rut we think counsel’s position is clearly untenable. The statute (Bal. … It is strenuously insisted on behalf of appellants that this evidence was insufficient to establish corporate existence, or the right to exercise corporate powers.

Daniel

District Court, W.D. Washington · Jun 12, 2026

Plaintiffs seek an order striking this defense because 4 Defendant “cannot seek to have the [factfinder] allocate fault to the employee’s immune … Malgarini has not been designated or qualified as an expert witness. 13 Dkt. 89 at 1–3. Permitting Mr.

Bernard v. Triangle Music Co.

1 Wash. 2d 41 · Washington Supreme Court · Oct 24, 1939

The defendant served and filed its answer on January 31st, putting the plaintiffs on proof by denying all of the allegations of the complaint, except as admitted or qualified by an affirmative defense. … Courts very much dislike, even in actions at law, to enforce forfeitures, and will do so only in cases where the parties have clearly stipulated therefor, or where the character of the property affected by the agreement seems

Halvorsen v. Ferguson

46 Wash. App. 708 · Court of Appeals of Washington · Oct 6, 1986

An attorney's immunity from judgmental liability is conditioned upon reasonable research undertaken to ascertain relevant legal principles and to make an informed judgment. Smith v. … Clearly, a judge is in a much better position to make these determinations."

Estate of Jack Franks

Court of Appeals of Washington · Feb 3, 2026

The Estate argued that it properly filed its taxes and that “Washington law clearly holds that a committed intimate partner holds an undivided half-interest 5 No. 60728 … The Department also rejected the Estate’s alternative argument that Roldan’s TEDRA petition was a claim that qualified for a deduction.

Plumbers & Steamfitters Local 598 v. Morris

511 F. Supp. 1298 · District Court, E.D. Washington · Apr 9, 1981

The case is, therefore, clearly different than one in which another union and employer combine for an anticompetitive purpose. … The subject matter of the MCA proposal was clearly related to mandatory subjects of collective bargaining.