Case law

Planned Parenthood v. Bloedow

187 Wash. App. 606 · Court of Appeals of Washington · May 18, 2015

institutions to ‘respect the privacy of its customers’ and ‘protect the security and confidentiality of those customers’ *620 nonpublic personal information’ . . . together with the [Federal Trade Commission] rule enforcing it” qualifies … Such data can be used in proceedings in which the use of the data is clearly relevant and necessary and both the department and the patient or provider are parties. ¶29 We review statutory interpretation de novo.

State v. Hunsaker

74 Wash. App. 38 · Court of Appeals of Washington · May 2, 1994

According to the "terminology” section of the RPC, public defender agencies qualify as "law firms” for purposes of application of the rules. RPC Terminology; see also State v. … When a lawyer has been directly involved in a specific transaction, subsequent representation of other clients with materially adverse interests clearly is prohibited. . . .

Aguda v. Ohara

District Court, W.D. Washington · Feb 3, 2022

Aguda’s motion to proceed in forma pauperis 17 was granted because he financially qualifies for that status pursuant to 28 U.S.C. § 1915(a)(1). 18 Dkt. No. 5. … Specifically, the Court found that Plaintiff Aguda’s initial complaint had failed to 22 establish any basis for the Court to assert subject-matter jurisdiction over the matter. Id.

In re the Detention of H.N.

188 Wash. App. 744 · Court of Appeals of Washington · Jul 6, 2015

She was qualified as an expert medical witness on behalf of the State. … Several of the text messages clearly indicate that H.N. was attempting suicide. And this recent suicide attempt is evidence that there is a substantial risk that H.N. will inflict physical harm on her own person.

Fadaie v. Alaska Airlines, Inc.

293 F. Supp. 2d 1210 · District Court, W.D. Washington · Nov 24, 2003

The Duncan analysis clearly applies to plaintiffs’ discrimination, negligence, and outrage claims: any effect the prosecution of such claims may have on defendants’ business decisions is too indirect to con- *1216 elude that … All of the adverse employment actions of which plaintiffs complain, starting with the award of the Manager of Tool Control position to a “substantially less qualified Christian native born-Ameriean,” occurred within the three-year

Ago

Washington Attorney General Reports · Mar 1, 1996

The court held that the homestead exemption applied to the foreclosure because, "the lien does not qualify as one of the statutory homestead exceptions". Id. at 425 . … "In short, when the legislature has wanted to add exceptions to the homestead exemption, it has done so clearly and directly." Id.

In Re The Personal Restraint Petition Of Leon Lee Reyes

21 Wash. App. 2d 353 · Court of Appeals of Washington · Mar 15, 2022

We affirm the reference hearing findings and dismiss the PRP as untimely because Reyes fails to establish that his PRP qualifies for the newly discovered evidence exception to the statutory time bar or that his PRP is otherwise … These experts established that even before 2007, the medical community understood short falls could rarely cause serious brain injury and death.

State v. Fenwick

164 Wash. App. 392 · Court of Appeals of Washington · Oct 18, 2011

The rationale underpinning this exception is that a “contrary rule would reward the criminal defendant bringing a meritless motion to suppress evidence that is clearly barred by binding precedent while punishing the criminal … Because his trial was completed after Gant and Patton were decided, Fenwick does not fall within the scope of the “narrow class of cases” identified in Robinson as qualifying for an exception to the general rule of issue

S.S. v. Alexander

143 Wash. App. 75 · Court of Appeals of Washington · Feb 11, 2008

Conn. 2006) (victim’s allegations of rape and sexual abuse qualify as severe, pervasive, and objectively offensive sexual harassment (citing Soper, 195 F.3d at 855)). … The effects of discrimination upon those in the protected class was clearly of concern to the 1972 Congress. Congress clearly desired to eliminate or minimize those effects.

In Re the Estate of Bonness

13 Wash. App. 299 · Court of Appeals of Washington · Apr 22, 1975

Bonness, as nonintervention executrix, and she subsequently was appointed, qualified, and served as such until her death on June 2,1970. … Bonness was clearly acting in her fiduciary capacity as executrix with reference to the assets.

Saade v. State of Washington Department of Health

District Court, W.D. Washington · Sep 18, 2019

Thus, the Court does not address the issue of 21 whether the Bellevue Defendants are entitled to qualified immunity at this time. 4 These claims are dismissed without prejudice because there could be criminal proceedings … against 4 Defendant Fenimore in his individual capacity is DISMISSED with prejudice. 5 “Conspiracy is not itself a constitutional tort under § 1983 . . . mere proof of a 6 conspiracy is insufficient to establish

COSMOPOLITAN ENG. GROUP v. Ondeo Degremont, Inc.

149 P.3d 666 · Washington Supreme Court · Dec 28, 2006

RCW 18.27.040(5) establishes bond amounts that must be reserved for residential homeowners. … Kitsap Transit, 125 Wash.2d 456, 463 , 886 P.2d 556 (1994) ("a statute will not be construed in derogation of the common law unless the Legislature has clearly expressed its intention to vary it"); see also Lumberman's of

State v. Williams

142 Wash. 2d 17 · Washington Supreme Court · Oct 19, 2000

Thus the search yielding the contraband at issue was predicated upon and directly flowed from the constitutional *31 infirmity. 6 Although the majority would immunize a search of one’s person for contraband as the fruit of … Such is clearly the predicate to consent required by Ferrier, as fully *35 recognized by the trial court, which suppressed the fruits of the unconstitutional conduct.

In re Pers. Restraint of Monschke

197 Wash. 2d 305 · Washington Supreme Court · Mar 11, 2021

Many of these purposes also include the tautological qualification “if otherwise qualified by law.” … The legislature clearly distinguishes between sentences and convictions in the collateral attack statute. See RCW 10.73.100(5), (6).

Holzberg v. Astrue

679 F. Supp. 2d 1249 · District Court, W.D. Washington · Jan 11, 2010

Lewy also found that the evidence in the record did not establish the presence of the “C” criteria for Listing 12.04. Tr. 537. … The vocational expert’s testimony must be reliable in light of the medical evidence to qualify as substantial evidence. Embrey v. Bowen, 849 F.2d 418, 422 (9th Cir.1988).

Olympic Healthcare Services II, LLC v. Department of Social & Health Services

175 Wash. App. 174 · Court of Appeals of Washington · Jun 19, 2013

According to Olympic II, former WAC 388-76-10030 establishes that the capacity of an adult family home is calculated solely on the number of residents or people living in the home. … Under RC W 4.84.350(1), “a court shall award a qualified party that prevails in a judicial review of an agency action fees and other expenses, including reasonable attorneys’ fees.”

In Re the Personal Restraint of Jeffries

110 Wash. 2d 326 · Washington Supreme Court · Apr 7, 1988

Mississippi, 472 U.S. 320 , 86 L.Ed.2d 231 , 105 S.Ct. 2633 (1985) is clearly distinguishable and we decline to set aside the death penalty. … Mightn't a juror think that "higher" decision makers are more qualified or that a death sentence will be overturned on appeal if it is "wrong".

State v. Williams

148 Wash. App. 678 · Court of Appeals of Washington · Feb 10, 2009

To qualify as a cohabitant for purposes of common authority, a person must possess equal control over the premises. Id. at 18 (Fairhurst, J., concurring) (quoting State v. … As the facts here clearly demonstrate, however, the officers initially entered Graham’s room with his consent to protect Graham and to aid him in evicting his violent nephew.

Maehren v. City of Kirkland

District Court, W.D. Washington · Jul 8, 2024

Thus, Defendants did not “fail[] to provide due process” by denying Plaintiffs’ 4 a hearing examiner because Plaintiffs clearly had the right to … “The defendant bears the burden of establishing that 11 removal is proper.” Provincial Gov't of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1087 12 (9th Cir. 2009).

United States of America, Ex rel. Raju A.T. Dahlstrom v. Sauk-Suiattle Indian Tribe of Washington

District Court, W.D. Washington · Nov 15, 2019

The court concluded that Defendants failed to establish that the other Defendants 19 shared in the Tribe’s sovereign immunity. … Dahlstrom is so qualified. In any event, Mr.