Case law

Gaylord v. Tacoma School District No. 10

88 Wash. 2d 286 · Washington Supreme Court · Jan 20, 1977

He clearly had a right to explain that he was not an overt homosexual and did not engage in the conduct the court ascribed to him which the court found immoral and illegal. … Evidence that explains the admission or qualifies it is clearly admissible. 1 Conrad, Modern Trial Evidence 377 (1966). See National Ass'n of Creditors v. Grassley, 159 Wash. 185 , 292 P. 416 (1930); Ryan v.

Maryland Casualty Co. v. City of Seattle

9 Wash. 2d 666 · Washington Supreme Court · Aug 6, 1941

The court held that the contractor was justified in acting upon the government’s representations, even though they were expressed as a belief and were qualified as stated. … In its oral memorandum opinion, the trial court had this to say regarding the controversy over the meaning of the specifications: “I am further of the opinion that it is clearly established by the great weight of the evidence

Bowers v. Transamerica Title Insurance

100 Wash. 2d 581 · Washington Supreme Court · Dec 15, 1983

Finally, the three criteria for establishing the third requirement, impact upon the public interest, are satisfied in this case. … Where the attorneys in question have an established rate for billing clients, that rate will likely be a reasonable rate.

State of Washington v. Karrlee Theresa Clements

423 P.3d 253 · Court of Appeals of Washington · Aug 2, 2018

She did not yet qualify for Social Security, but her house was paid off and until she did qualify, she planned to live frugally using assets in a 401(k) account that she held with The Vanguard Group. … She also argues that the sentence was based on untenable grounds and was clearly excessive. A.

State Of Washington v. Kevin Richard Hubbard

Court of Appeals of Washington · Jun 22, 2015

Direct examination of James Henderson continues151 The audio recording clearly reflects that the court took a recess while waiting for Henderson to arrive. … Hubbard has the burden of establishing that Henderson was not sworn.

Taylor v. Reliance Standard Life Insurance

837 F. Supp. 2d 1194 · District Court, W.D. Washington · Sep 2, 2011

On appeal, the claimant argued that the district court clearly erred because his medical records did not show a change in his condition. Id. at 1296 . … Zietak is an independent medical examiner, and at least one court has found that she is qualified to assess and diagnose fibromyalgia. See Carder-Cowin v. Unum Life Ins.

Demarest v. City of Leavenworth

876 F. Supp. 2d 1186 · District Court, E.D. Washington · Jun 27, 2012

The DRB is a five-member board established by the City Council, in part to review applications for sign permits. … Demarest is a licensed attorney, Plaintiffs’ claims are not clearly set forth either in the 44-page Amended Complaint or the Plaintiffs’ Summary Judgment briefing.

Chuckanut Conservancy v. WASH. STATE DNR

156 Wash. App. 274 · Court of Appeals of Washington · May 24, 2010

. ¶ 24 The agency conducts a threshold process to decide whether an action qualifies as a major action significantly affecting the quality of the environment. [17] The agency considers mitigation measures the applicant will … We review the agency action, not the decision of the superior court. [22] A threshold determination that an EIS is not required is reviewed under the "clearly erroneous" standard. [23] A *1160 court will overturn a DNS only

Nielsen v. Washington State Bar Ass'n

90 Wash. 2d 818 · Washington Supreme Court · Nov 2, 1978

The enactment will not be upheld unless the state establishes a compelling interest. … Clearly, the right to be free of discrimination — at least in the absence of a compelling state interest — is basic in our society.

Coalition for Homeless v. Dshs

949 P.2d 1291 · Washington Supreme Court · Dec 24, 1997

The duty imposed by RCW 74.13.031(1) is clearly announced in the statute. … The testimony at trial was that as many as 40 percent of homeless families do not qualify for AFDC funds.

State v. Emery

161 Wash. App. 172 · Court of Appeals of Washington · Apr 13, 2011

Again, when viewed in the context of the prosecutor's entire argument, the prosecutor here did not clearly express a personal belief in GC's credibility. … The statute establishes alternative means of committing first degree robbery. State v.

Tombari v. Griepp

55 Wash. 2d 771 · Washington Supreme Court · Mar 17, 1960

These allegations, in my opinion, fall far short of affirmatively establishing that the legal remedy of damages is inadequate. … I suggest that we reserve equity powers for situations where it is clearly shown by the pleadings that there is no plain, speedy, and adequate remedy at law. (4) Finally, whether a court will order specific performance of

Sumas Mountain Comm For Landslide Awareness v. Wa State Forest Practices Brd

Court of Appeals of Washington · Nov 5, 2018

The court issued a memorandum decision in which it stated that the State Supreme Court's opinion in WEA established a narrow definition of "agency action," and the Board Manual did not qualify because it was an "advisory … A de facto rule is thus not immune from judicial review.

Sharpe Sign Co. v. Parrish

33 Wash. 2d 883 · Washington Supreme Court · Jun 23, 1949

Parrish, individually and as the duly appointed, qualified and acting executor of the last will and testament of Elsie M. … Shepherd we do not think it material, other than to establish the background of the relationship between Dr. Parrish and Mr.

Matter of Detention of Twining

77 Wash. App. 882 · Court of Appeals of Washington · Jul 12, 1995

Expert witness testimony is admissible if (1) the witness qualifies as an expert, and (2) the expert testimony is helpful to the trier of fact. ER 702; Young , at 57-58; State v. … Twining argues that a witness need not possess academic credentials if " '[practical experience in a given area can qualify a witness as an expert.’ ” State v. Simon, 64 Wn.

In Re the Parental Rights to R.M.P.

191 Wash. App. 743 · Court of Appeals of Washington · Dec 15, 2015

(f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home. A. … App. 420, 961 P.2d 963 (1998), to support her argument that the Department cannot establish futility.

P.s.c., Inc., V. Purdys Public House, Llc

Court of Appeals of Washington · Mar 3, 2026

Of note, RCW 6.27.110(2) clearly states that when a judgment creditor serves the garnishee a writ by mail, it “shall be mailed to the garnishee by certified mail, return receipt requested, addressed in the same manner as … However, we must still interpret the statute based on established legal principles and not on sympathy. 13 No. 60806-5-II Watkins, 137 Wn.2d at 639-40 (emphasis added

Lyon v. Thurston County

District Court, W.D. Washington · Jan 16, 2025

The burden then shifts 11 to the nonmoving party to establish a genuine issue of material fact. Matsushita Elec. Indus. Co. 12 v. Zenith Radio Corp., 475 U.S. 574, 585-87 (1986). … Even if a law enforcement officer mistakenly believes there is probable cause 15 to make an arrest, if that belief was reasonable, the officer is entitled to qualified immunity. Id. 16 at 679.

State v. Hughes

166 Wash. 2d 675 · Washington Supreme Court · Jul 23, 2009

to multiple punishments for the same act, we next apply the “same evi *682 dence” analysis. 6 Even if the two statutes pass the same evidence inquiry, multiple convictions may not stand if the legislature has otherwise clearly … Under our case law, the dissent further reasoned that the minority age of a victim could qualify as “mental incapacity” under RCW 9A.44.010(4). 9 Given the cases wherein proof of minority age served as proof of mental incapacity

State v. Tacoma-Pierce County Multiple Listing Service

95 Wash. 2d 280 · Washington Supreme Court · Dec 31, 1980

There we said administrative remedies must be exhausted before the courts will intervene: (1) "when a claim is cognizable in the first instance by an agency alone"; (2) when the agency's authority "`establishes clearly defined … Clearly the brokers are regulated in their capacity as members of such multiple listing association.