Case law

King County v. King County Water Dists.

Washington Supreme Court · Dec 5, 2019

The water-sewer districts argue that they are immune from the alleged tax under the governmental immunity doctrine. Dists.' Resp. Br. at 15-16. … An example of a statute that clearly limits a municipality's power to charge franchise compensation is RCW 35.21.860.

Scott & Cathleen Brueske v. Chelan County

Court of Appeals of Washington · Jun 27, 2023

Chelan County use decision, the Brueskes must establish at least one of the six standards set forth in RCW 36.70C.130(1) has been met. … Chelan County Because the Brueskes have established at least one of the standards set forth in RCW 36.70C.130(1), they are entitled to relief.

Gallo v. Department of Labor & Industries

155 Wash. 2d 470 · Washington Supreme Court · Sep 29, 2005

As noted, it is a significant tax advantage to both the employers and the workers that employee-benefit plans be “qualified” under federal income tax law. … Clearly, the legislature recognized that there is a distinction between the “rate of hourly wage” and “benefits.” RCW 39.12.010(1), (3).

Western Ports v. Employment SEC. Dept.

41 P.3d 510 · Court of Appeals of Washington · Mar 4, 2002

Thus, when Congress has intended to prohibit state taxing authorities from "burdening" interstate commerce, it has done so, expressly, clearly and understandably. … Marshall did qualify as an independent contractor under federal motor carrier regulations governing interstate commerce, and did qualify as an independent contractor under common law principles.

Caroline Feldmann v. Raymond & Gail Harvie

Court of Appeals of Washington · Nov 16, 2020

The statute specifically authorizes an award of attorney fees incurred in establishing the statutory immunity defense. … It does not authorize an award of attorney fees incurred in proceedings to collect a judgment long after the statutory immunity defense was established.

State Of Washington v. Cristian Alexander Quijas

Court of Appeals of Washington · Feb 18, 2020

A juvenile court’s decision to decline jurisdiction is discretionary and is subject to reversal only when it is manifestly unreasonable or based on clearly untenable grounds. State v. M.A., 106 Wn. … that’s all that is” and told his sister to “pray for Estrada.”3 Not all eight of the Kent factors must be established in order to justify declination. M.A., 106 Wn. App. at 498.

In Re Personal Restraint Petition of Dalluge

100 P.3d 279 · Washington Supreme Court · Nov 4, 2004

Once the prosecutor amended the information to charge offenses *285 which did not result in automatic adult court jurisdiction, Dalluge's case no longer qualified for that exception to the juvenile court's exclusive jurisdiction … Thus, Dalluge has established that his appellate counsel failed to raise a meritorious issue. See Maxfield, 133 Wash.2d at 344, 945 P.2d 196 .

Ruhmshottel v. United States

District Court, W.D. Washington · Apr 21, 2021

A federal court 24 1 is presumed to lack subject matter jurisdiction until plaintiff establishes otherwise. … Ruhmshottel was clearly facilitating her 4 husband’s administrative claim, her signature on the SF-95 form and notice that his injury 5 devastated the family did not clearly raise her own, individual claim. 6

West Terrace Golf LLC v. City of Spokane

Court of Appeals of Washington · Feb 6, 2024

The court assumed without deciding that the privileges and immunities clause of the Washington constitution, article I, section 12 required nondiscriminatory rates, because the test was “substantially the same” under “ … To this extent, we simply applied RCW 35.92.010 to the classification as established in the trial evidence.

Evich v. Kovacevich

33 Wash. 2d 151 · Washington Supreme Court · Apr 8, 1949

they would proceed upon the claim of an implied easement or upon the claim of an adverse user, the court did state, at the beginning of the trial, that its conclusions as to the kind of easement here involved, if any were established … appeal, that the testimony was inadmissible because it did not appear from the evidence that, at the time the statement was made, Rankin had any proprietary interest in the property, and therefore the statement could not qualify

State v. Levy

8 Wash. 2d 630 · Washington Supreme Court · May 16, 1941

Several of them clearly hold that it must appear affirmatively that prejudice resulted before reversal will follow. State v. … The material portion of each of those counts reads as follows: “That the said Arnold Levy . . . being at that time a duly elected, qualified and acting County Commissioner of the County of Clallam, . . . and being during

State v. McKAGUE

246 P.3d 558 · Court of Appeals of Washington · Jan 19, 2011

established if a person acts intentionally or knowingly." … felony with a possible life sentence under RCW 9A.20.021(1)(a), and finding McKague guilty of third degree theft (a gross misdemeanor) and second degree assault (a class B felony), the jury who sat in judgment of McKague clearly

State of Washington v. Ismael M. Tarango

434 P.3d 77 · Court of Appeals of Washington · Jan 31, 2019

A Terry investigative stop is a well- established exception. State v. Gatewood, 163 Wn.2d 534, 539, 182 P.3d 426 (2008). … immunity.

Bjustrom v. Trust One Mortgage

178 F. Supp. 2d 1183 · District Court, W.D. Washington · Oct 26, 2001

Consequently, the rule in question clearly applies to mortgage brokers sponsored by lenders to make FHA loans. … While this raises questions of referral fees and kickbacks under RESPA, it does not qualify as a payment collected from the borrower.

Microsoft Corp. v. Motorola, Inc.

963 F. Supp. 2d 1176 · District Court, W.D. Washington · Aug 12, 2013

Washington law establishes that numerous considerations may inform a factfinder’s determination of whether the defendant’s conduct violated the covenant of good faith and fair dealing. … Pittsburg Non-Qualified Pension Plan, 458 F.3d 748, 752 (8th Cir.2006) (applying Washington law); Vylene Enters., Inc. v.

State Of Washington, V. Darion A Lipsey

Court of Appeals of Washington · Aug 8, 2022

Clearly inadmissible evidence—clearly these rumors would be inadmissible evidence unless they meet the definition of some exception like other suspect or some other specific exception. … Lipsey has not clearly identified for this court what specific evidence was sought, much less that it met the applicable legal standards such that it was relevant.

Refai v. Central Washington University

49 Wash. App. 1 · Court of Appeals of Washington · Aug 13, 1987

It is preferable to keep a qualified employee on than to train a new one. (Citations omitted.) Loudermill, 470 U.S. at 543-44 . … In conclusion, we are not persuaded the Board's findings of fact and conclusions of law are clearly erroneous, arbitrary, or capricious, or affected by other legal error.

State Of Washington v. James Applegate

Court of Appeals of Washington · Apr 26, 2016

Based on Debra’s actions throughout Officer Krebs’ contact with her, she was clearly under the stress of an exciting event that was not minimized by his questioning. … Moreover, under ER 703 and 705, expert opinions can be admitted without foundation other than “testimony establishing the expert’s qualifications.” Id.

Mahon

District Court, W.D. Washington · Apr 22, 2026

To state a claim under § 1982, a plaintiff must 20 plead that he or she (1) is a member of a racial minority; (2) applied for and was qualified 21 to rent or purchase certain property or housing; (3) was rejected; and … Any amended complaint should clearly 20 identify the claims asserted and the factual basis for each claim.

Hollenback v. Shriners Hospitals for Children

149 Wash. App. 810 · Court of Appeals of Washington · Mar 17, 2009

Dudley, 140 Wn.2d 58, 77 , 993 P.2d 901 (2000), the Supreme Court held that a cause of action for wrongful discharge could be based on the clearly articulated public policy against sex discrimination found in the WLAD, chapter … 49.20 RCW, and RCW 49.60.010. ¶49 To qualify as a public policy for purposes of the wrongful discharge tort, a policy must be “truly public” and sufficiently clear.