Case law

Washington State Board Against Discrimination v. Board of Directors

68 Wash. 2d 262 · Washington Supreme Court · Mar 31, 1966

state, and in the absence of constitutional restrictions, the legislature has absolute control over the number, nature, and duration of the powers conferred, and the territory over which they shall be exercised, and may qualify … instances where the later act covers the entire subject matter of the earlier legislation, is complete in itself, and is evidently intended to supersede the prior legislation on the subject, or unless the two acts are so clearly

United States v. Washington

626 F. Supp. 1405 · District Court, W.D. Washington · Dec 31, 1985

Certain tribes, including the Quinaults, have qualified as “self-regulating.” … Fourteen of the Tribal attorneys so qualify.

City of Seattle v. Auto Sheet Metal Workers Local 387

27 Wash. App. 669 · Court of Appeals of Washington · Nov 24, 1980

Named as defendants were all labor organizations qualified and acting as exclusive bargaining representatives for city employees. … Clearly this was not accomplished because the City must still negotiate with each bargaining unit and reach agreement as provided in state law.

Musse v. Hayes

District Court, W.D. Washington · Apr 16, 2021

Musse 20 had presented such evidence, Director Hayes is entitled to qualified immunity. (Dkt. No. 43 at 9– 21 16.) … This is sufficient to 6 establish material disputed facts as to whether prison officials should have been aware of the 7 risks Mr.

In re the Personal Restraint of Gentry

179 Wash. 2d 614 · Washington Supreme Court · Jan 23, 2014

There, this court considered whether an intervening change in the law qualified as a material change. … Because the prosecutor’s statement was clearly improper, we must further consider whether it was prejudicial. b.

Tacoma Mill Co. v. Northern Pacific Railway Co.

89 Wash. 187 · Washington Supreme Court · Jan 11, 1916

At the outset it is conceded by appellant that, if the intention of the parties may be clearly and certainly determined from the language they employ, recourse will not be had to extrinsic evidence for the purpose of ascertaining … There are no reservations or limitations en-grafted upon it, limiting or qualifying the grant for railroad and other similar purposes.

Gallo v. Department of Labor and Industries

120 P.3d 564 · 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).

Rische v. United States

District Court, W.D. Washington · Oct 5, 2020

1 In response to a factual attack, the plaintiff “must present ‘affidavits or any other 2 evidence necessary to satisfy [his or her] burden of establishing … Office of Appeals will 3 hold a hearing upon request by a taxpayer who has been notified of his right to a due process 4 hearing under § 6330(a), but if the IRS determine that any portion of the request for a hearing 5 qualifies

State Of Washington, V Othniel Ruiz Blancaflor And Cynthia C. Blancaflor

Court of Appeals of Washington · Aug 25, 2014

The primary issue is whether the false reporting statute clearly and unambiguously identifies the "unit of prosecution" for this felony. … RCW 51.16.060 states: Every employer not qualifying as a self-insurer, shall insure with the state and shall, on or before the last day of January, April, July and October of each year thereafter, furnish

Arias

District Court, W.D. Washington · Nov 17, 2025

immunity. … Claim 6: Fourteenth Amendment Procedural Due Process 18 The Court previously held Plaintiff failed to identify a “clearly established liberty or 19 property interest in continued participation in an academic

United States Ex Rel. Lord Electric Co. v. Titan Pacific Construction Corp.

637 F. Supp. 1556 · District Court, W.D. Washington · Jun 30, 1986

Walker describes his role during this period as insignificant in an apparent attempt to qualify for an exception to Rule 1.9 under the “peripheral representation” standard. … Padco, Inc., 746 F.2d 1459, 1462 (Fed.Cir.1984) (screening must be established when lawyer joins new firm); Schiessle v.

Ferry County v. Concerned Friends

155 Wash. 2d 824 · 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.

School Districts' Alliance for Adequate Funding of Special Education v. State

170 Wash. 2d 599 · Washington Supreme Court · Dec 9, 2010

In short, section 507 clearly states that special education funding is given to special education students in addition to their receipt of the BEA. … potential for an unlawful funding gap if a district faces a situation where some students’ special education costs are above the average allocation and are neither offset by other students’ lower costs nor high enough to qualify

Blair Lamothe v. Us Bank

Court of Appeals of Washington · Mar 7, 2016

Under this statute, the "custodian" and "other qualified witness" need not be the person who created the record. State v. Ben-Neth. 34 No. 72526-2-1/6 Wn. App. 600, 603, 663 P.2d 156 (1983). … However, the notice of default clearly indicated that Select was the entity to which La Mothe's payments were due. Finally, La Mothe contends that U.S.

United States v. State of Washington

626 F. Supp. 1405 · District Court, W.D. Washington · Jan 1, 1985

Certain tribes, including the Quinaults, have qualified as "self-regulating." … Fourteen of the Tribal attorneys so qualify.

State v. Beck

56 Wash. 2d 474 · Washington Supreme Court · Feb 3, 1960

The inference from the appellant’s argument is that a person who can secure a large amount of adverse publicity from newspapers, radio, and television, thereby becomes immune from grand jury investigation; the more notoriety … The extent of our review of the charge, if we have any right to review it, is clearly limited, as stated in the opinion in Wheeler v.

State v. Davis

141 Wash. 2d 798 · Washington Supreme Court · Sep 28, 2000

Appellant has not shown that the discretion exercised by the trial court in not sua sponte injecting the subject of race was contrary to, or involved an unreasonable application of, clearly established state and federal law … Nor does it qualify as a self-authenticating document under ER 902(e). Appellant provides no authority to the contrary.

State Ex Rel. JVG v. Van Guilder

154 P.3d 243 · Court of Appeals of Washington · Mar 5, 2007

Subsection (1)(d) of that statute is the only place where such a limitation is discussed and it qualifies that limitation, stating that a deviation is inappropriate if it "will result in insufficient funds in the household … While the father has established a need for attorney fees, he has not established that J.V.G.'s mother has the ability to pay his fees.

TUYEN THANH MAI v. American Seafoods Co.

249 P.3d 1030 · Court of Appeals of Washington · Mar 14, 2011

credible medical testimony as to whether the seaman has reached maximum cure. [15] Thus, a seaman's right to maintenance and cure generally continues until a maximum cure determination is both unequivocal and made by a qualified … The court determined that the failure to pay cure under these circumstances "was clearly unreasonable, and even fell to the level of being arbitrary and capricious." [46] ¶ 41 Here, ASC withheld maintenance and refused to

Lane v. Washington Department of Corrections

District Court, W.D. Washington · Nov 2, 2020

Additionally, there is no evidence 12 the State of Washington has waived its Eleventh Amendment immunity in federal courts. 13 Therefore, the Washington Department of Corrections for Women, as an arm of the state, cannot … This causal link is established either by the direct personal participation of the supervisor 11 or by the supervisor’s initiation of a “series of acts by others which the actor knows or 12 reasonably should know would