Case law

Leishman v. Washington Attorney General's Office

District Court, W.D. Washington · Oct 31, 2023

Having found no plausible Section 1983 claim, the Court declines to reach the question of qualified immunity. 21 … functions generally are 23 1 shielded from liability for civil damages insofar as their conduct does not violate 2 clearly established statutory

Mai v. American Seafoods Co.

160 Wash. App. 528 · Court of Appeals of Washington · Mar 14, 2011

credible medical testimony as to whether the seaman has reached maximum cure. 15 Thus, a seaman’s right to maintenance and cure generally continues until a *540 maximum cure determination is both unequivocal and made by a qualified … Texaco, Inc., 45 where the employer refused to pay a seaman’s medical bill even though it possessed a report from a treating physician that clearly related the seaman’s hospitalization to injuries resulting from the seaman

Reeder v. Crewes

199 Wash. 40 · Washington Supreme Court · May 5, 1939

This amendment, however, did not re-establish in favor of the injured workman any common law right, but simply enlarged his existing statutory right.” In a second case on appeal of Denning v. … This court held that, despite general compliance with the act by the company, it still was not entitled to immunity from liability for negligently injuring the employe of another employer because, at the time of the accident

Stanley v. United States of America

District Court, W.D. Washington · Oct 31, 2022

He nevertheless argues that her education, training, and experience qualify 19 Ms. … provider when obtaining rehabilitative services for a patient recovering from a Rolando-type 23 fracture is clearly

McCauley v. Metropolitan Property & Casualty Insurance

109 Wash. App. 628 · Court of Appeals of Washington · Dec 24, 2001

This is sufficient to establish a causal connection between use of the vehicle and the resulting injury. … App. at 784 (applying Transamerica and concluding that the claimant’s injuries “arose from” the unloading of the vehicle despite the lack of physical contact between the truck and the claimant because the unloading clearly

Northern Pac. Ry. Co. v. Henneford

15 F. Supp. 302 · District Court, E.D. Washington · Jun 9, 1936

So far as concerns the federal immunity from state taxation, a tax upon storing or withdrawal so involved cannot be distinguished from the tax on sales imposed by the Mississippi statute condemned as - unconstitutional.” … Presumptions of fact are only indulged in the absence of the fact or facts presumed and arise out of inference from collateral facts admitted or otherwise satisfactorily established.

State v. Piatnitsky

Washington Supreme Court · May 8, 2014

It is well established that Miranda rights must be invoked unambiguously. Davis, 512 U.S. at 459; Radcliffe, 164 Wn.2d at 906. … The third contextual clue is more relevant; it is true, as the Court of Appeals points out, that Piatnitsky qualified his refusal.

Hebron v. United States Citizenship and Immigration Services

District Court, W.D. Washington · May 18, 2022

The AAO also determined Lion Air had not 20 established that Mr. … The AAO reserved 3 the issues of whether Lion Air established that it is qualified to be the petitioner for the I-140 4 petition and whether

State v. A.M.W.

Washington Supreme Court · Aug 14, 2025

Thus, under controlling precedent, JuCR 7.16 is clearly procedural in nature. … Noah held a search warrant qualified as “legal process” under the statute. 150 Wash. at 292.

State v. Reed

56 Wash. 2d 668 · Washington Supreme Court · Sep 1, 1960

The weight to be given to it was for the jury to determine, but the *674 statement was clearly admissible as pertinent to the issue created by appellant’s plea of not guilty. … He was qualified as a fingerprint expert. He identified an enlargement of appellant’s left thumbprint made under his supervision from the card mentioned above. This was admitted in evidence without objection.

Martinez v. Eastside Fire and Rescue

District Court, W.D. Washington · Jun 10, 2025

Defendant EFR’s Directive clearly articulated the 15 vaccine requirements, set reasonable deadlines, outlined the consequences of failure to apply, 16 clearly laid out an opportunity to be heard, and provided that employees … could “[s]ubmit, and 17 receive approval for a qualified accommodation as identified.”

Wa Restaurant Assoc v. Wa State Liquor And Cannabis Board

Court of Appeals of Washington · Aug 26, 2019

offer a lower price to an on-premises or off-premises retailer if the retailer is required to purchase a specific portion of some or all of its wine or spirits from that distributor or supplier in order to qualify … Costco’s final argument, that the Board disregarded evidence to enact the rules, is also clearly rebutted by the record.

Brogdon v. State of Washington

District Court, W.D. Washington · Apr 3, 2024

It argues that DCYF is a state agency and that it has not 16 waived its Eleventh Amendment sovereign immunity. Id. at 6. … tribe” are not enough to establish standing 5 to assert an ICWA claim.

Cantrill v. American Mail Line, Ltd.

42 Wash. 2d 590 · Washington Supreme Court · May 8, 1953

The court, in holding the ship’s operator liable, said: “This delay of 22 days to stow the hawser is clearly -negligent management of the vessel’s equipment. … United Fisheries Vessels Co., 141 F. (2d) 288, to support its position that assumption of risk is precluded only where the negligence of the employer is established as the cause of the injury, and that an employee assumes

State Of Washington v. Naziyr Yishmael

430 P.3d 279 · Court of Appeals of Washington · Nov 26, 2018

Had the legislature intended to limit punishment to nonlawyers who knowingly practice law, the legislature clearly would have done SO. … Yishmael claims the emphasized "and" is a qualifier to the overall definition, not a separate definition.

Mount Adams School Dist. v. Cook

81 P.3d 111 · Washington Supreme Court · Dec 18, 2003

In addition, the agreement establishes a four-step procedure for determining the merits of a grievance brought through the MAEA, which also provides for arbitration. … Here the MAEA and the District have clearly and unmistakably agreed to allow an arbitrator to decide whether a grievance is arbitrable.

Nolte v. City of Olympia

96 Wash. App. 944 · Court of Appeals of Washington · Aug 20, 1999

Also according to the City, “Nolte argued, the City agreed, and the trial court held, that the UEA fails to qualify as a voluntary agreement under RCW 82.02.020.” … Y clearly has a claim for breach of contract. But does he also have a claim for equitable estoppel?

State v. Radan

21 P.3d 255 · Washington Supreme Court · Mar 22, 2001

State argues, and the Court of Appeals agreed, that the statute is not ambiguous and that because Radan's automatic restoration of rights was not based on a "finding of rehabilitation" or a "finding of innocence" it cannot qualify … Pagan, 721 F.2d 24, 30 (2d Cir.1983) ("certificate setting aside a youthful offender's conviction and unconditionally discharging him from further probation prior to expiration of the maximum term of probation clearly implies

McGilcudy v. Seattle-First National Bank

55 Wash. 2d 250 · Washington Supreme Court · Dec 17, 1959

On December 11, 1952, upon appellant’s petition, the will was admitted to probate in the superior court for Grays Harbor county, and appellant qualified to act as executor. … At this hearing, the court also permitted respondent to testify regarding events which occurred before appellant was appointed and had qualified as executor.

Magee v. Rite Aid

167 Wash. App. 60 · Court of Appeals of Washington · Jan 17, 2012

And what we’re trying to establish in our record is that there was a repeated physical abuse of this woman from October up until June, and then she filed a claim. … It clearly is not. When the Board exceeds its scope of review, it has committed an error of law. In re Orena Houle, BIIA Dec., 00 11628 (2001).