Case law

Controlled Atmosphere, Inc. v. Branom Instrument Co.

50 Wash. App. 343 · Court of Appeals of Washington · Jan 14, 1988

Erskine's affidavit as *352 he was not qualified to testify as an expert and that the contents of the affidavit were conclusory at best. … Merit Motors, Inc., at 673 n.27, states: "The position that an expert's opinion that lacks any credible support creates an issue of 'fact' is clearly untenable." (Italics omitted.) Hash v.

Alter v. Morris

85 Wash. 2d 414 · Washington Supreme Court · Jun 5, 1975

The standard to be applied is one of dangerousness; clearly, past conduct is heavily indicative of the likelihood that a person will commit similar acts which will again endanger others. … Defining the requirements of the equal protection clause of the federal constitution (to which Const. art. 1, § 12, our "Privileges and Immunities" clause, is identical in import), the United States Supreme Court has recently

State v. Cates

183 Wash. 2d 531 · Washington Supreme Court · Jul 2, 2015

. *545 ¶33 The court’s comments clearly indicate that it intended the computer inspection component to permit Cates’ CCO to search Cates’ computer. … The trial court may not authorize an otherwise baseless search of an offender’s private affairs. ¶43 While the computer community custody condition purports to provide Cates’ consent, this language does not establish consent

State of Washington v. Bryan Jack Ross Crow

438 P.3d 541 · Court of Appeals of Washington · Apr 9, 2019

Not all defense counsel’s strategies or tactics are immune from attack. In re Personal Restraint of Caldellis, 187 Wn.2d 127, 141, 385 P.3d 135 (2016). … Crow needs to establish both.

Wright v. Allstate Fire & Casualty Insurance Company

District Court, W.D. Washington · Apr 25, 2022

No. 33-3), “[t]he work-product 16 rule is not a privilege but a qualified immunity protecting from discovery documents and 17 tangible things prepared by a party or his representative in anticipation of litigation.” … “‘More than the mere possibility of litigation must be evident’ for material to be 2 considered immune from discovery under the work-product doctrine.” Heath, 221 F.R.D. at 549 3 (quoting Detection Sys., Inc. v.

In Re Denison's Estate

23 Wash. 2d 699 · Washington Supreme Court · Sep 27, 1945

Clearly it was the trial court's view that Mrs. … Such is the rule of our own cases, and the rule established by the great weight of authority. [Citing cases.]"

Littleton v. Whatcom County

121 Wash. App. 108 · Court of Appeals of Washington · Apr 5, 2004

Chapter 70.95 RCW and Department of Ecology (DOE) Regulations Under chapter 70.95 RCW, Washington’s solid waste management statute, one may not maintain, establish, or modify a solid waste handling facility without a permit … The County next argues that chapter 70.95 RCW clearly anticipates that DOE will regulate manure because a statement in the legislative findings refers to “new and ever-mounting problems involving disposal of garbage, refuse

State v. Emery

161 Wash. App. 172 · Court of Appeals of Washington · Apr 13, 2011

Again, when viewed in the context of the prosecutor’s entire argument, the prosecutor here did not clearly express a personal belief in GC’s credibility. … The trial court or magistrate must first find whether information from confidential infor *202 mants or anonymous tips has enough reliability and credibility to qualify as historical fact.

In The Guardianship Of: R.C.

Court of Appeals of Washington · May 5, 2025

Because the father fails to establish reversible error, we affirm. I. … There, the suspected incompetent party, Susan Partridge, was representing herself pro se, even though the trial court later found that she “was not qualified to do so.” Vo, 81 Wn. App. at 789.

Dixon v. Economy Inn

District Court, E.D. Washington · Aug 16, 2021

or portion thereof, if a plaintiff has raised claims that are 20 legally “frivolous or malicious,” that fail to state a claim upon which relief may be 1 granted, or that seek monetary relief from a defendant who is immune … The Court 8 may therefore dismiss a claim as frivolous when it rests on an indisputably meritless 9 legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. 10 at 327.

In Re the Estate of Bordeaux

37 Wash. 2d 561 · Washington Supreme Court · Dec 7, 1950

held, as a general rule, that the tie of affinity was broken upon the death of the “party’s mother,” Indeed, assuming the party was a daughter, and had this juror attempted to marry her, such a marriage would have been clearly … the reason that they conflict with the law in Washington, as established in the Raine case.

Duncan v. Northwest Airlines, Inc.

203 F.R.D. 601 · District Court, W.D. Washington · Nov 5, 2001

Although it is unclear how many potential class members exist, the plaintiff alleges 4,000 people, which clearly meets the standard. Complaint at ¶ 12; see also Leyva v. … Instead, the inquiry must focus on the law and facts “that qualify each class member’s case as a genuine controversy.” Amchem, 521 U.S. at 623 , 117 S.Ct. 2231 .

Veritas Operating Corp. v. Microsoft Corp.

562 F. Supp. 2d 1141 · District Court, W.D. Washington · Feb 20, 2008

Patent Law to effectively grant immunity to all Microsoft products for any potential contributory infringement liability.” Veritas’ Response at 20. … Such uses are clearly substantial and are clearly non-infringing. Id. at 55 . Mr.

Ford Motor Co. v. City of Seattle

160 Wash. 2d 32 · Washington Supreme Court · Apr 12, 2007

The Taxable Incident ¶9 It is well established that the tax “incident” for a B&O tax is generally the “ ‘act or privilege of engaging in business activities’ ” in the taxing jurisdiction. … In Lone Star Cement, we struck down on equal protection and privilege and immunities grounds the city of Seattle’s B&O tax assessment on an out-of-state company who had plants in both Seattle and Concrete, Washington.

Pudmaroff v. Allen

977 P.2d 574 · Washington Supreme Court · Jun 3, 1999

Such result is clearly contrary to the declared purpose of our State's traffic laws and regulations to encourage and enhance highway safety. … This left the trial court no choice but to rule that negligence had been established as a matter of law. Yurkovich, 68 Wash.App. at 653-54 , 847 P.2d 925 . See also Mathis v. Ammons, 84 Wash.

Henry Grisby Iii, Resp. v. Robert Herzog, Apps.

190 Wash. App. 786 · Court of Appeals of Washington · Oct 26, 2015

The doctrine requires a clear showing that an established rule is incorrect and harmful before it is abandoned. … Because Young was not cited or briefed by the parties, we choose not to rely on it as establishing a clear duty. The only clear duty Grisby has established is the case-by-case determination required by Scarpelli.

Rhay v. Johnson

73 Wash. App. 98 · Court of Appeals of Washington · Feb 22, 1994

Specific provisions for an adoptee’s inheritance rights were not established, however, until 1943. Laws of 1943, ch. 268. … It is neither possible nor desirable to establish a hard and fast rule regarding the legal status of adopted children in these will disputes.

State v. Cheatam

81 P.3d 830 · Washington Supreme Court · Dec 11, 2003

His shoes were clearly observable by the police during that search. … Just as "[Cheatam's] shoes were clearly observable by the police during [the inventory] search," majority at 839, Hendrickson's truck was "clearly observable" by the police when they searched it in their own parking lot.

Lakehurst Condominium Owners Ass'n v. State Farm Fire & Casualty Co.

486 F. Supp. 2d 1205 · District Court, W.D. Washington · May 1, 2007

Both insurers hired qualified experts, and the experts conducted extensive inspections of the subject property. … Huston clearly state that they used both the imminent risk of collapse and the substantial impairment standards.

St Peter v. Franklin County

District Court, E.D. Washington · May 3, 2023

If there is no 3 constitutional violation, the inquiry ends and the individual is entitled to qualified 4 immunity. Ioane v. … immunity.