Case law

Wallace v. Lewis County

137 P.3d 101 · Court of Appeals of Washington · Aug 15, 2006

Gee Cee failed to establish an intentional continuing trespass; it also failed to show damages. A. … The public duty doctrine is an exception to Washington's waiver of sovereign immunity. Bodin v. City of Stanwood, 130 Wash.2d 726, 731 , 927 P.2d 240 (1996).

Personal Restraint Petition Of Jamall Shonree Baker

Court of Appeals of Washington · Jul 10, 2023

Baker and this medical standard was clearly not met. The report further concluded that the prior experts who found Baker competent “did so without having had access to material medical facts about Mr. … Ward and Gustafson conducted their evaluations in a qualified manner when they were aware of but did not review the Providence medical records.

Quinn v. City of Vancouver

District Court, W.D. Washington · Aug 21, 2019

immunity to any such 1 claim. … it unnecessary 5 for the Court to determine whether Potter and Young are entitled to qualified immunity 6 for this violation.

Kneeland Investment Co. v. Berendes

81 Wash. 372 · Washington Supreme Court · Aug 25, 1914

If the evidence offered on this point should be deemed secondary evidence, clearly a ground was laid for its admission. … This was sufficient to enable them to qualify as officers.

Pellino v. Brink's Inc.

267 P.3d 383 · Court of Appeals of Washington · Nov 7, 2011

The findings establish that Pellino could "establish liability by using representative evidence to prove a pattern or practice of violations by the defendant with respect to the class." … The court interpreted the language used in WAC 296-126-092(4) to "clearly and unambiguously prohibit[] working employees for longer than three consecutive hours without a rest period." *396 Wingert, 146 Wash.2d at 848 , 50

In Re Detention of Anderson

211 P.3d 994 · Washington Supreme Court · Jul 9, 2009

Amy Phenix, testified that Anderson's relationships with four adult male patients at Western State Hospital (WSH) qualified as recent overt acts. … That's something that we focused on the group, that a person should be functioning on the same level, that they should be competent to make a decision, and that a relationship, an equal relationship should clearly be established

McMahon v. World Vision Inc

District Court, W.D. Washington · Nov 28, 2023

in the Ninth Circuit that Title VII’s religious employer 11 exemption offers qualifying employers immunity only from religious discrimination 12 claims. … According to World Vision, 12 “none of Title VII applies to a qualifying entity’s qualifying decisions,” and it is 13 undisputed here that World Vision is a religious entity entitled to the exemption.

State Of Washington v. Anthony J. Smith

464 P.3d 554 · Court of Appeals of Washington · May 27, 2020

We do not address this issue. 11 No. 51946-1-II violating certain qualifying orders. 187 Wn.2d 85, 87, 384 P.3d 1140 (2016). … the circumstantial evidence of an overall criminal scheme and the defendants’ knowledge of it and their motive and intent to participate is highly probative and its probative value, in the Court’s view, clearly

Taylor v. Vangesen

District Court, W.D. Washington · Feb 19, 2020

On October 8, 7 2019, finding VanGesen had not established an entitlement to qualified immunity on any 8 of Taylor’s claims, the Court denied the motion as to Taylor’s First and Fourth 9 Amendment claims and granted

Central Puget Sound Regional Transit Authority v. Airport Investment Co.

186 Wash. 2d 336 · Washington Supreme Court · Aug 4, 2016

The very fact that the parties litigated to judgment over just compensation establishes that the proceeding was never abandoned. … But such a rule is contrary to established precedent holding that a proceeding is abandoned when the condemnor never takes any property. See Port of Grays Harbor v.

Triangle Property Development, Res. v. Byron L. Barton And Jean Barton, Apps.

Court of Appeals of Washington · Sep 28, 2015

The Bartons do not establish that the defects they allege can be raised in an unlawful detainer action to set aside a foreclosure sale. … Although some nonjudicial foreclosure sale defects can be raised for the first time in a postsale unlawful detainer action, the Bartons provide no authority that their alleged defects qualify.4 First, the purchaser

State v. Rabe

79 Wash. 2d 254 · Washington Supreme Court · May 6, 1971

Admittedly aimed at appealing to "a clearly defined deviant sexual group, rather than the public at large," the court interpreted Roth to support the suppression of materials directed at "the sexual interests of its intended … Ohio, 378 U.S. 184 , 12 L.Ed.2d 793 , 84 S.Ct. 1676 (1964)), is not and should not be granted immunity from community and moral standards and state law except where to deny such immunity amounts to a deprivation of freedom

Alexander v. Department of Employment Security

38 Wash. App. 609 · Court of Appeals of Washington · Sep 5, 1984

Furthermore, they argue the record clearly demonstrates that DSHS's notices were not intended to usurp the civil service act by granting claimants additional rights and were sent simply to comply with former RCW 50.44.050 … App. 1982), the court concluded that a preschool "Head Start" program qualified as an "educational institution" despite the fact that elements of the program could not be considered academic.

Boeing Airplane Co. v. Commissioner of the Employment Security Department

39 Wash. 2d 356 · Washington Supreme Court · Sep 6, 1951

To unduly restrict the operations of administrative bureaus would defeat the very purpose for which they have been established.” In Morgan v. … adopted by the majority when it states, “It is undoubtedly true that an employee might be justified in voluntarily terminating his employment, if called upon to work for substantially reduced wages . . . ” But, who is best qualified

Sanders v. State

139 Wash. App. 200 · Court of Appeals of Washington · Jun 12, 2007

Thus, if the Act applies to Commission proceedings, clearly there are limits on the attorney general's duty to defend a judge charged with violating the judicial canons. ¶ 27 The Act's language encompasses Commission proceedings … Subsection 2 requires payment if the entity finds that the officer's actions qualify.

Gunnier v. Yakima Heart Center, Inc.

134 Wash. 2d 854 · Washington Supreme Court · Apr 16, 1998

Nicholas Jerns Co., 86 Wn.2d 215, 219 , 543 P2d 338 (1975), the court said that “[u]ntil a plaintiff suffers appreciable harm as a consequence of negligence, he cannot establish a cause of action.” … This language clearly does not provide *860 that the limitations period commences with accrual of a cause of action.

Pakootas v. Teck Cominco Metals, Ltd.

832 F. Supp. 2d 1268 · District Court, E.D. Washington · Nov 29, 2011

Slag clearly is a “waste product.” Louisiana-Pacific v. ASARCO, Inc., 24 F.3d 1565 (9th Cir.1994). Unlike ore, it does not “consist[ ] of economically worthwhile concentrations of metals.” … In order to establish liability for response costs under 42 U.S.C.

Seagraves v. Department of Children Youth and Families

District Court, W.D. Washington · Apr 7, 2025

immunity. … The Court does not reach the qualified immunity defense. 10 The Court does not reach the question of qualified immunity because it has dismissed the 11 federal claims against Hunter, Rodriguez, and Ybarra

State v. Yokley

139 Wash. 2d 581 · Washington Supreme Court · Dec 2, 1999

Pursuant to RCW 70.77.126 and 70.77.236, in order for an explosive device to qualify as a “firework” it must have been classified by the appropriate federal or state government officials. … The affiant’s failure to specifically state that Donald Yokley did not possess an explosives license, when one can easily draw this inference from the affidavit, clearly falls within the category of “negligence” or “innocent

Sane Transit v. Sound Transit

151 Wash. 2d 60 · Washington Supreme Court · Mar 4, 2004

. *94 clearly identify the proposition to be voted on.’ ” Majority at 71 (quoting RCW 29.79.035(1)). … Though a corollary to the last antecedent rule provides “the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply *98 to all antecedents instead of only the immediately preceding