Case law

L. J. Dowell, Inc. v. United Pacific Casualty Insurance

191 Wash. 666 · Washington Supreme Court · Oct 6, 1937

In his decision, the trial court said: “The burden is upon the plaintiff to establish that notice by a fair preponderance of the evidence. As a question of law I agree with Mr. … McCaffery and later he qualified it and it was either Mr. McCaffery or Mr. Stevens. In view of the fact that it is established that Mr.

Donald Canfield v. Michelle Clark

196 Wash. App. 191 · Court of Appeals of Washington · Aug 22, 2016

"Where a defamation is actionable per se, and neither truth nor privilege is established as a defense, the defamed person is entitled to substantial damages Special Verdict Form, Question No. … So I believe both of the statements made clearly fall under defamation per se, and that's the way that you should treat the evidence in this case.

McGirr v. Farley

20 Wash. 2d 628 · Washington Supreme Court · May 15, 1944

By his will he established a trust fund of twelve thousand dollars for the benefit of his brother, George W. … One thoroughly qualified physician testified, in answer to hypothetical questions, that in his opinion Mr.

Lynda Schlosser v. Bethel School District

Court of Appeals of Washington · Aug 26, 2014

quoting former RCW 28A. 58. 480( 5) ( 1976) A factual determination is clearly erroneous if it is not supported by substantial evidence in the record. State v. … The District argues that the evidence from several educators consistently showed that Schlosser was not qualified and that the Superindendent properly decided against renewing her teaching contract.

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.

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.

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.

Erickson v. KERR, MDPS, INC.

125 Wash. 2d 183 · Washington Supreme Court · Nov 10, 1994

The record establishes Dr. Kerr relied on his memory in rendering treatment to Phillipa Erickson and in testifying about that treatment. … And the plaintiff may be allowed to establish a foundation for impeachment. Report of Proceedings (RP) (Oct. 7, 1991), at 37-38.

McKinney v. State

950 P.2d 461 · Washington Supreme Court · Feb 5, 1998

Simpson Paper Co., 123 Wash.2d 93, 107-08 , 864 P.2d 937 (1994) (overturning a jury verdict is appropriate only when it is clearly not supported by substantial evidence). … we grant the McKinneys' motion and do not consider such aspects of the reply brief. [1] Under RCW 26.33.190(1), "[a]ny person may at any time request an agency, the department, an individual approved by the court, or a qualified

In Re Leuthold's Estate

52 Wash. 2d 299 · Washington Supreme Court · May 2, 1958

Her husband and her son were appointed, and qualified, as executors of her estate. … That the cash value of life insurance is property was clearly demonstrated by the United States board of tax appeals in Estate of Louisa Morris Carroll v. Commissioner of Internal Revenue, 29 B. T. A. 11 (1933).

Orsi v. AETNA INSURANCE

41 Wash. App. 233 · Court of Appeals of Washington · Jul 23, 1985

But, the parol evidence rule does not prevent extrinsic evidence of an agreement made subsequent to the execution of the written agreement even if it adds to, changes, modifies, or qualifies the terms of the written agreement … In addition, the commissioner did not overstep his authority by approving this specific language since the approval did not establish, alter or revoke the mandatory standards of WAC 284-20-010 or RCW 48.18.120, but merely

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.

Stephen Pitell v. Evergreen Health

Court of Appeals of Washington · Aug 13, 2018

At the time, he was uninsured and did not qualify for Medicare No. 76720-8-1/2 or Medicaid. … It includes over 16,000 line items that establish the standard charge for each service.

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

State v. Paul Bunyan Rifle & Sportsman's Club, Inc.

132 Wash. App. 85 · Court of Appeals of Washington · Mar 14, 2006

Statute ¶15 Our legislature has not specified an appraisal method for establishing just compensation to a property owner whose land the government seeks to condemn for public use. … The two approaches are distinct, although appellate opinions do not always clearly distinguish between them.

State v. Coe

109 Wash. 2d 832 · Washington Supreme Court · Jan 28, 1988

When she eventually identified Coe after being hypnotized, she qualified her identification with the words "very possibly." … The facts of the case before us are clearly distinguishable from those in Martin , where the victim could not even recall her attack until she was hypnotized.

American National Can Corp. v. Department of Revenue

114 Wash. 2d 236 · Washington Supreme Court · Mar 1, 1990

In response to interrogatories, the Department of Revenue has identified taxes in 58 jurisdictions which qualify for credit under the new law. See Clerk's Papers, at 787-90. … Given the holding of the Tyler Court, some relief is clearly appropriate.

Barrett Business Services Inc v. Colmenero

District Court, E.D. Washington · Oct 19, 2022

qualify as 2 trade secrets.” … The same 9 evidence used to establish liability under Washington’s UTSA will also establish 10 liability under the DTSA. See, e.g., id. at 1178; Earthbound Corp. v. MiTek USA, 11 Inc., No.

Island County v. State

135 Wash. 2d 141 · Washington Supreme Court · May 14, 1998

And no one less than Oliver Wendell Holmes cautioned, "To have doubted one's own first principles is the mark of a civilized man." [5] While the majority would profess to immunize constitutionally doubtful legislation from … In a 1979 case, Justice Utter wrote: "The presumption of constitutionality has long been an established legal doctrine....