Case law

State Of Washington, Resp. v. Daniel J. Perez, App.

Court of Appeals of Washington · Nov 3, 2014

This does qualify as a startling event and that the injuries are a startling condition. … The record establishes not only a medical emergency but also concerns for the safety of other inmates and corrections officers. See Bryant. 131 S.

Ferry County v. Concerned Friends

123 P.3d 102 · Washington Supreme Court · Nov 17, 2005

Jan. 3, 1997) (quoting the three factors established in Clark County Natural Res. … The answer is clearly no. ¶ 26 The information relied on by the county does not rise to the level of scientific information and, therefore, cannot possibly qualify as BAS. Although the dissent emphasizes Dr.

Plein v. USAA Cas. Ins. Co.

Washington Supreme Court · May 21, 2020

Relying largely on comment 3 to RPC 1.9, the Court of Appeals noted that “[w]hile the specific fact of the Pleins’ case may qualify as distinct, Keller learned significant confidential information about USAA’s strategies … Under this comment 2, Keller’s representation of the Pleins is clearly permissible.

Zipporah Maina, V . State Of Washington, Dshs

Court of Appeals of Washington · Jun 13, 2023

Assuming without deciding that Linden Grove is a long-term care facility, RCW 70.129.140(2) does not immunize Maina from a finding of neglect. … The EAJA authorizes an award of attorney fees to “a qualified party that prevails in a judicial review of an agency action . . . unless the court finds that the agency action was substantially justified or that circumstances

Arzola

District Court, W.D. Washington · Mar 4, 2026

The “burden is on the ‘next friend’ clearly to establish the 10 propriety of his status and thereby justify jurisdiction of the court.” … , 2018)). 23 24 1 Here, even assuming Gonzalez qualifies

Rathod v. Providence Health & Services

District Court, W.D. Washington · Nov 21, 2022

Zimmer to establish 15 both the standard of care and causation. Dr. … Corporate Liability 4 5 The United States has not waived its sovereign immunity for claims

Guimont v. City of Seattle

77 Wash. App. 74 · Court of Appeals of Washington · Feb 27, 1995

If the owner is unable to establish a taking under this analysis, we proceed to the due process analysis. … As noted above, this interest is clearly legitimate. To further this interest, it passed the Ordinance in an effort to preserve increasingly scarce mobile home lots.

Teri Collier, V. Wa State Dept Of Health Nursing Comm.

Court of Appeals of Washington · Jan 22, 2024

They assert that prior rulings applied to all the issues under the theory of collateral estoppel, that Collier has not sufficiently pled the elements of her claims, and that quasi-judicial immunity and statutory immunity … The record also establishes that the administrative hearing was a sufficient forum to litigate the issue and Collier presents no argument otherwise.

Goetz v. Life Insurance Co. of North America

272 F. Supp. 3d 1225 · District Court, E.D. Washington · Sep 21, 2017

Greever’s death did not qualify as a “Covered Accident” and (2) coverage was precluded, by the sickness exclusion. Id. at 243-46. Ms. … The district court may consider new evidence only when “circumstances clearly establish it is necessary to conduct an adequate de novo review of the benefit decision.” Mongeluzo v.

In re the Disciplinary Proceeding Against Heard

136 Wash. 2d 405 · Washington Supreme Court · Sep 24, 1998

We cannot say, from the record, that the evidence clearly preponderates against the trial committee’s findings, and we will, therefore, accept them. … The cases relied upon by the majority simply do not support the broad assertion that the Board may simply disregard the hearing examiner’s factual findings that the testimony presented failed to establish the offense by a

In re the Marriage of Treseler

145 Wash. App. 278 · Court of Appeals of Washington · May 5, 2008

In actuality, the minority opinion in Rufer concurred in part and dissented in part. 20 On the issue of whether courts should apply a different standard to irrelevant documents, the opinion was clearly in dissent from the … We disagree. ¶21 The Ishikawa factors require a trial court to analyze (1) whether the proponent of sealing has established a “ ‘serious and imminent threat to some . . . important interest’ (2) whether everyone present was

Wiseman v. Eastman

21 Wash. 163 · Washington Supreme Court · May 9, 1899

It is only when those officers have misconstrued the law applicable to the case, as established before the department, and thus have denied to parties rights which, upon a correct construction, would have been conceded to … But such a general averment, though repeated once or twice, is to be taken as qualified and limited by the specific facts set forth to show wherein the transaction between the state and the navigation company was fraudulent

In re the Detention of Sease

190 Wash. App. 29 · Court of Appeals of Washington · Jul 14, 2015

The report stated that “Sease would meet the full criteria for Antisocial Personality Disorder if he more clearly had symptoms of Conduct Disorder prior to the age of 15 years.” CP at 62 n.13. Dr. … Statutory Framework ¶23 Under chapter 71.09 RCW, civil commitment is indefinite, “but the Department of Social and Health Services (DSHS) is required to have the condition of each person detained under the act reviewed by a qualified

In re Det. of Reyes

Washington Supreme Court · Sep 24, 2015

The petition relied on the residential burglary, which involved a sexual attack, and a prior conviction for child rape as qualifying sexually violent offenses. … Further, I agree with the lead opinion that the release of a transcript to D.F .F. is clearly not a sufficient remedy.

Saldin Securities, Inc. v. Snohomish County

949 P.2d 370 · Washington Supreme Court · Jan 8, 1998

Thus, a court will accept review only if the appellant can allege facts that, if verified, would establish that the lower tribunal's decision was illegal or arbitrary and capricious. … Thus, before deciding whether to issue the constitutional writ of certiorari, our courts must determine if the decision to be reviewed qualifies as a judicial or quasi-judicial decision.

W. Plaza, LLC v. Tison

Washington Supreme Court · Nov 25, 2015

To answer these questions, we apply well-established principles of statutory interpretation to chapter 59.20 RCW. … The MHLTA thus contemplates a presumptive lease term of one year (which is clearly enforceable under RCW 59.04.01 0) and adds a qualified statutory (not absolute contractual) right to renewal.

Ks Tacoma Holdings v. Shorelines Hearings

272 P.3d 876 · Court of Appeals of Washington · Jan 24, 2012

To qualify as an "aggrieved" person for purposes of establishing its standing under the SMA, KS Tacoma must put forth factual allegations demonstrating the following conditions: (1) The agency action has prejudiced or is … feasible consistent with the overall best interest of the state and the people generally. ¶ 18 RCW 90.58.020's hierarchy of land use preferences and stated policy of protecting the public's enjoyment of our State's shorelines clearly

Koonwaiyou v. Blinken

District Court, W.D. Washington · Mar 20, 2024

It also includes establishing a “reasonable basis both in law and 16 fact.” Abela v. Gustafson, 888 F.2d 1258, 1264 (9th Cir. 1989). … “A position 2 that was ‘not contrary to clearly established law’ is thus substantially justified.” Id.

In Re Marriage of Daubert

99 P.3d 401 · Court of Appeals of Washington · Dec 16, 2004

Johnson disputed the extent of the need for orthodontia and asserted he was qualified to provide what portion was necessary. He asserted he was unaware of unreimbursed medical expenses. … The context clearly requires us to conclude that the legislature did not intend the use of the term child support schedule in RCW 26.19.090(1) to be as defined in RCW 26.19.011(2).

In re the Estate of Wimberley

186 Wash. App. 475 · Court of Appeals of Washington · Jan 29, 2015

be created with such qualifying assets. … Wimberley’s intention clearly and inexplicably and it is those intentions which govern this proceeding.