Case law

Group Health Cooperative v. King County Medical Society

39 Wash. 2d 586 · Washington Supreme Court · Nov 15, 1951

The importance of access to Renton Hospital, on the part of appellants and others under contract with the Cooperative, is clearly established in the record. … In our opinion, the Society may not, through the mere use of the term “unethical,” clothe with immunity acts which would otherwise fall under the ban of the antimonopoly provision of our constitution.

State v. Larson

249 P.3d 669 · Court of Appeals of Washington · Mar 15, 2011

The court in Kelley concluded cumulative punishment is clearly intended. Id. at 80, 226 P.3d 773 . … Significantly, Grier also recognizes that "[n]ot all strategies or tactics on the part of defense counsel are immune from attack." Id.

State v. Talley

949 P.2d 358 · Washington Supreme Court · Jan 8, 1998

[D.T.] clearly expressed her lack of consent to the defendant, including telling him that she was a virgin. 7. … In response to the judge's inquiry, the deputy prosecutor stated, "Number one, your honor, it was not decided that an exceptional sentence could be qualified.

Wingate v. City of Seattle

198 F. Supp. 3d 1221 · District Court, W.D. Washington · Jul 26, 2016

Under these circumstances the obvious benefit to the City Defendants is a plea restricted to police reports to establish probable cause. … Wingate agreed to undoubtedly evidenced probable cause which in essence immunized the City Defendants from any arrest or charging error.

In Re A.n.c

Court of Appeals of Washington · Nov 21, 2022

Dependency was established in June 2018 through an agreed order. … Once a termination order has been entered, “all rights, powers, privileges, immunities, duties, and obligations . . . between the child and parent shall be severed and terminated and the parent shall

Weyerhaeuser Co. v. Commercial Union Ins.

15 P.3d 115 · Washington Supreme Court · Jan 16, 2001

Although the parties do not dispute this clause clearly establishes a property damage aggregate limit, this clause appears in the underlying policy, not CU's supplemental policy. … Our rule in Prier is clearly applicable where, as here, the damage amount was established or could be ascertained with certainty based upon the facts before the court.

Oscar's, Inc. v. Washington State Liquor Control Board

101 Wash. App. 498 · Court of Appeals of Washington · Jul 17, 2000

Security personnel must wear clothing that clearly identifies them as security. … Second, we note the difference in the wording of the regulation: in the rule in Reeb, “permit” was not qualified by “knowingly”, as it is here.

In re the Disciplinary Proceeding Against Day

162 Wash. 2d 527 · Washington Supreme Court · Dec 20, 2007

J. in his capacity as an attorney, and Day had access to D.J. only because D.J.’s mother knew he was an attorney. ¶34 This court has clearly established that an attorney may be sanctioned for misconduct that occurs outside … Even under Justice Williams’ analysis, a lawyer molesting a former client who is a minor qualifies as an act of moral turpitude warranting disbarment.

Dickgieser v. State

105 P.3d 26 · Washington Supreme Court · Jan 27, 2005

We held that securing housing for a segment of society might be a public benefit but it did not qualify as a public use since members of the public would be excluded from the park, which would be privately owned by the residents … Clearly, an adequate approach way is as necessary a part of an airport as is the ground on which the airstrip, itself, is constructed, if the private airspace of adjacent landowners is not to be invaded by airplanes using

Hanley v. Most

9 Wash. 2d 429 · Washington Supreme Court · Jul 17, 1941

Hanley is still manager of the community, and he is the only one qualified to speak for it. … All of those considerations, however, are immaterial until the likelihood that the husband will violate his duty has been established.

Matter of Disciplinary Proceeding Against Schafer

66 P.3d 1036 · Washington Supreme Court · Apr 17, 2003

We conclude that Hamilton's statements to Schafer qualify as a "confidence" or "secret" under RPC 1.6. … This double standard allows lawyers to gamble on a positive outcome to justify what otherwise would be clearly unacceptable conduct.

Laucks v. Princehouse

13 Wash. 2d 140 · Washington Supreme Court · Apr 3, 1942

Shorts, after qualifying as such guardian, filed an answer on behalf of the minors. … It was the intent of the testatrix, as expressed in the will, that the above funds could be used to assist in the education of her grandchildren, or to assist them in sickness, or to establish them in business when they had

Levea v. G. A. Gray Corp.

17 Wash. App. 214 · Court of Appeals of Washington · Mar 28, 1977

Investigation established that the stud, which is a piece of 3/4-inch threaded steel rod, was of low strength steel rather than the much stronger high tensile (hardened) steel called for by the design specifications for the … The claim of jury misconduct is clearly of the kind which inheres in the verdict and which therefore we may not consider. Gardner v. Malone, 60 Wn.2d 836, 841 , 376 P.2d 651 (1962); Rasor v.

Costanich v. DEPT. OF SOC. & HEALTH SERVS.

156 P.3d 232 · Court of Appeals of Washington · Apr 18, 2007

erroneously interpreted or applied the law; (3) the agency failed to follow a prescribed procedure; or (4) the order is inconsistent with a rule of the agency. [4] The party challenging an agency's decision has the burden of establishing … superior court awarded Costanich attorney fees under the Equal Access to Justice Act (EAJA), RCW 4.84.350, which provides in relevant part: *240 (1) Except as otherwise specifically provided by statute, a court shall award a qualified

Washington Professional Real Estate, LLC v. Young

163 Wash. App. 800 · Court of Appeals of Washington · Sep 15, 2011

Brooks must therefore be the procuring cause of this sale to qualify for the commission.”). … Tom Eastman. 2 Prudential filed declarations establishing that it performed its duty not only by erecting its sign, creating the marketing brochure picked up by Dr.

Rabon v. City of Seattle

932 P.2d 646 · Court of Appeals of Washington · May 7, 1997

Rabon has failed to establish irreconcilable conflict. Rabon next contends that the trial court erred when it concluded that he would not prevail on his procedural due process argument. … The record clearly demonstrates that he failed to comply with the minimum requirements of maintaining a dangerous dog.

Matter of Marriage of Foran

67 Wash. App. 242 · Court of Appeals of Washington · Aug 24, 1992

Evidence that reasonably tends to establish the theory of a party or to qualify or disprove the testimony of the adversary is relevant. Brown v. Spokane Cy. Fire Protec. … Clearly, under Matson, Peggy did not have sufficient time to consult with independent counsel. She first saw the contract on January 10.

Diane Christian, et ux v. Antoine Tohmeh, MD, et ux

191 Wash. App. 709 · Court of Appeals of Washington · Dec 15, 2015

Antoine Tohmeh next argues that Diane Christian presented no testimony to establish that he violated the standard of care. … Nevertheless, Tohmeh advances no case and we find no case that demands a patient, in response to a summary judgment motion, qualifY or quantifY the extent or nature of damages incurred.

Washington State Highway Commission v. Pacific Northwest Bell Telephone Co.

59 Wash. 2d 216 · Washington Supreme Court · Dec 21, 1961

Clearly, the payment of a tort judgment does not fall within this category. … It appears clear that the establishment of some parity between benefits and burdens in relation to a public endeavor such as highway construction is in the public interest.

In Re Martin

223 P.3d 1221 · Court of Appeals of Washington · Dec 24, 2009

Martin was discharged for qualifying misconduct. We, therefore, reverse the decision of the superior court and affirm the Commission's decision. … least ten years' experience as peace officers; and (iv) one person who is not currently *1227 a peace officer and who represents a community college or four-year college or university. ¶ 23 The plain words of the statute clearly