Case law

State v. Lough

70 Wash. App. 302 · Court of Appeals of Washington · May 3, 1993

He does not contend that the sentence is clearly excessive. [13, 14] The trial court's findings regarding the presence of aggravating factors are factual determinations which will be upheld unless clearly erroneous. … Under this definition, it is obvious the two rapes here do not qualify as links in a chain forming a common design, scheme or plan.

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.

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

Old Colony Trust Co. v. City of Tacoma

219 F. 775 · District Court, W.D. Washington · Jan 20, 1915

The foregoing cases are all clearly distinguishable from the present case. … On the 2d day of April, 1913, the city then being qualified to take over all the lighting business witbin its boundaries, passed a resolution revoking the permit which it had theretofore granted to the appellant to furnish

United States v. Rhody Dairy, L.L.C.

812 F. Supp. 2d 1239 · District Court, W.D. Washington · Jul 14, 2011

In fact, Geborde goes on to explain that defendants in previous cases have been held to violate § 331(k) where the cases “clearly involve commercial transactions, commercial actors, and commercial products.” Id. … Defendants do not qualify for any of the above noted exceptions. Defendants have not presented this Court with evidence of prescription records that indicate that they had valid prescriptions for the extra-label uses.

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

Schiff v. Liberty Mut. Fire Ins. Co.

Washington Supreme Court · Feb 15, 2024

Co., No. 101576-3 Whether an act or practice qualifies as unfair or deceptive is a question of law. Panag v. Farmers Ins. Co. of Wash., 166 Wn.2d 27, 47, 204 P.3d 885 (2009). … DISCUSSION Let me begin by clearly stating what is not at stake in this case. Contrary to some elevated rhetoric in the briefing, a decision allowing Dr.

Cody Holmes, V. Clallam County Public Utility District No 1

Court of Appeals of Washington · May 29, 2024

In June, a physician noted that Holmes’ “pain level clearly precludes him from returning to any meaningful work until he finds a solution. He is clearly not able to return to his job of injury at this point.” … In June 2020, a physician noted that Holmes’ “pain level clearly precludes him from returning to any meaningful work until he finds a solution. He is clearly not able to return to his job of injury at this point.”

Hartford v. Ferguson

District Court, W.D. Washington · Jun 13, 2023

Hartford “intends to continue purchasing semiautomatic rifles which qualify as assault 7 weapons,” but due to HB 1240 has “been forced to abandon these plans to avoid facing 8 prosecution.” Id. … “The custom or policy must be a deliberate choice to 13 follow a course of action . . . made from among various alternatives by the official or officials 14 responsible for establishing final policy with respect to the

Krabach v. King County

District Court, W.D. Washington · Jun 12, 2023

Amendment (as Plaintiff alleges) does not turn on the legal advice provided by counsel. 4 Likewise, whether Director Wise is entitled to qualified … immunity does not depend on the 5 legal advice she was provided.

Wilcox v. Swapp

360 F. Supp. 3d 1140 · District Court, E.D. Washington · Jan 24, 2019

Wilcox fails to allege facts that establish a DPPA claim. ECF No. 80. … "We interpret statutory terms in accordance with their ordinary meaning, unless the statute clearly expresses an intention to the contrary." Id.

Martin v. Abbott Laboratories

102 Wash. 2d 581 · Washington Supreme Court · Oct 4, 1984

First, DES was, for the most part, produced in a "generic" form which did not contain any clearly identifiable shape, color, or markings. … This standard allows the parties to a transfer to consider potential products liability and in fairness to the competing considerations still leaves some claimants uncompensated and some forms of transfer immune.

Schiff v. Liberty Mut. Fire Ins. Co.

Washington Supreme Court · Feb 15, 2024

Co., No. 101576-3 Whether an act or practice qualifies as unfair or deceptive is a question of law. Panag v. Farmers Ins. Co. of Wash., 166 Wn.2d 27, 47, 204 P.3d 885 (2009). … DISCUSSION Let me begin by clearly stating what is not at stake in this case. Contrary to some elevated rhetoric in the briefing, a decision allowing Dr.

Doe v. Microsoft Corporation

District Court, W.D. Washington · Dec 19, 2023

Such notice, the 22 court concluded, was too generalized to establish consent. Id. … The Court rejects this argument in 24 light of “clearly established circuit practice allowing plaintiffs to plead in the alternative at the earliest stages of litigation.” Haas v. Travelex Ins. Servs. Inc., 555 F.

Fisher Flouring Mills Co. v. Swanson

76 Wash. 649 · Washington Supreme Court · Dec 13, 1913

anti-trust act. jNor is it claimed, on the other hand, that the fact that the article sold was under a trade-name or in a trade-dress, or the fact that it was manufactured by a patented process, affords the contract any immunity … The rules relating to such contracts are of long standing and thoroughly established.

Mower v. King County

130 Wash. App. 707 · Court of Appeals of Washington · Nov 28, 2005

obtaining a clearing and grading permit from the [DDES] director.” 5 Mower does not dispute that his placement of 2,000 cubic yards of fill constitutes grading activity that normally requires a permit, but argues that he qualifies … The record established that Mower failed to maintain erosion control measures when the fill was placed, specifically noting that the fabric silt fencing was breached by being torn, knocked over, or not maintained after the

Department of Revenue v. Puget Sound Power & Light Co.

103 Wash. 2d 501 · Washington Supreme Court · Jan 11, 1985

Recently we have reaffirmed the principle that the State, acting in its sovereign capacity, is immune from the application of limitation periods to actions brought for the benefit of the State. Bellevue Sch. … In RCW 4.16, the Legislature clearly provided that the State is not subject to any such time limitations: The limitations prescribed in this chapter shall apply to actions brought in the name or for the benefit of any county

SS v. Alexander

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

On the other hand, Ombudsman Price-Spratlen and Title IX Coordinator Remick clearly are "appropriate persons." … 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.

State Of Washington v. Tommy Lee Cook Sr.

Court of Appeals of Washington · Apr 13, 2021

Cook first argues that the State failed to establish that Matthews was a material witness. We disagree. … The burden of establishing materiality “has been described as establishing a colorable need for the person to be summoned.” State v. Smith, 101 Wn.2d 36, 41-42, 677 P.2d 100 (1984).