Case law

Fitzpatrick v. Okanogan County

169 Wash. 2d 598 · Washington Supreme Court · Sep 2, 2010

The Fitzpatricks 5 cannot establish the “public use” element of their inverse condemnation claim. … Pierce County, 148 Wn.2d 760, 768 , 64 P.3d 618 (2003) (“clearly, not every government action that takes, damages, or destroys property is a taking”); Olson v.

Cutting v. Yoke Industrial Corp

District Court, W.D. Washington · Nov 4, 2022

Dkt. 71 at 7. 11 The R&R further concluded that Bauer is not qualified to render an opinion on any 12 ultimate issue of law. Id. … If the 7 nonmoving party fails to establish the existence of a genuine issue of material fact, “the 8 moving party is entitled to judgment as a matter of law.”

Lopez v. Clallam County

District Court, W.D. Washington · Nov 30, 2022

12 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 13 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 14 who is immune … A municipality 11 qualifies as a “person” who may be held liable under § 1983. See Monell v. Dep’t of Soc.

Smugglers Cove LLC v. Aspen Power Catamarans LLC

District Court, W.D. Washington · Feb 14, 2020

In Washington, a prima facie case of 7 breach of bailment is established “when the bailor shows non-return, loss, damage or destruction 8 to bailed property.” Chaloupka v. Cyr, 63 Wash. 2d 463, 466 (1963). … vessels, when in fact it was not 9 well-qualified due to its lack of insurance coverage.”

Rosa v. City of Issaquah

District Court, W.D. Washington · Sep 15, 2025

The Court further FINDS that this expertise 19 qualifies Dr. … This is clearly consistent with the types of sources 13 typically relied on by medical professionals. Though Defendant provides extensive case law on 14 medical expert testimony in its response (see Dkt.

Duc Tan v. Le

Washington Supreme Court · May 9, 2013

However, due to concerns about stifling valuable public debate, the privilege of "fair comment" was incorporated into the common law as an affirmative defense to an action for defamation; it afforded '"legal immunity for … Thus, to determine liability for an opinion statement it is crucial to ascertain the type of information that underpins an opinion: "When a publisher makes a qualified or unqualified assertion of fact

In Re Disciplinary Proceeding Against Dynan

98 P.3d 444 · Washington Supreme Court · Nov 30, 2004

See In re Disciplinary Proceeding Against Anschell, 141 Wash.2d 593, 615 , 9 P.3d 193 (2000) (explaining how a pattern of misconduct may be established). … Further, as discussed above, Dynan's actions in Hedberg, Han, and Walls clearly establish a pattern of misconduct: Dynan committed RPC violations against the Pierce County Superior Court in at least three cases over an extended

Northwest Administrators Inc v. Columbia Ford Hyundai Inc

District Court, W.D. Washington · May 12, 2020

at issue did not qualify for benefits 13 under the CBA. … For 8 the same reasons as its bilateral contract argument, Defendant’s state law contractual claim is 9 preempted by ERISA: it clearly “relates to” an employee benefit plan and purports to regulate 10 the relationship

Hickle v. Whitney Farms, Inc.

64 P.3d 1244 · Washington Supreme Court · Mar 13, 2003

Washington courts recognize well established doctrines of common law negligence, such as negligent entrustment. … Organic substances like fruit pomace or spent diatomaceous earth are clearly not of the same class, kind or type as pesticides, residue of pesticides, or pesticide containers. Thus, they are not dangerous wastes.

Oma Construction, Inc., V. Department Of Labor And Industries

Court of Appeals of Washington · Jun 17, 2024

Matter of Estate of Lint, 135 Wn.2d 518, 532-33, 957 P.2d 755 (1998). 3 No. 85203-5-I/4 immunity to employers from civil suits initiated by their workers and provided workers … Stated otherwise, there is no authority, and we decline to create any, that the Department must show that an employer acted in bad faith to establish a claim of knowing misstatement.

In Re The Marriage Of: Scott Lee Grieben, V. Shawn Suzanne Austin

Court of Appeals of Washington · Sep 12, 2022

It stated that it was not clear whether the parties anticipated her securing a full time job, but it was clear the parties clearly anticipated that she would be able to choose to work to supplement her income, and she … Austin did not establish a substantial change of circumstances in her financial need that justified a maintenance modification.

Smith v. NaphCare Inc

District Court, W.D. Washington · Jul 28, 2022

On January 24, 2019, 2 she again saw a mental health professional where she was observed as “clearly disorganized in 3 her thoughts with delusional content.” (Id.) … Plaintiffs Fail to Allege Jeana Rogers Had a Qualifying Disability 4 An individual has a qualifying disability under the ADA if the individual: (1) has a 5 physical or mental impairment that substantially limits

State Ex Rel. Pac. T. T. Co. v. D.P.S.

19 Wash. 2d 200 · Washington Supreme Court · Oct 22, 1943

Individual judges have dissented from this proposition, but the rule has been clearly stated by the supreme court of the United States. In the case of Ohio Valley Water Co. v. … This court does not sit as a board of revision with power to review the action of administrative agencies upon grounds unrelated to the maintenance of constitutional immunities. Los Angeles Gas Electric Corp. v.

Cox v. O'Brien

150 Wash. App. 24 · Court of Appeals of Washington · May 5, 2009

This statement provided, in pertinent part: FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY … Trial on Unjust Enrichment Claim ¶16 On September 28, the trial court concluded that O’Brien’s so-called “indemnity agreement” was void as against public policy because the agreement was not clearly drawn as required under

United States v. Cohen

222 F.R.D. 652 · District Court, W.D. Washington · May 6, 2004

Since IRC § 7408 expressly provides for an injunction, the traditional guidelines for equitable relief do not have to be established for an injunction to issue. United States v. … This qualifies as a “material matter” for purposes of IRC § 6701. See United States v. Smith, 657 F.Supp. 646, 655 (W.D.La.1986).

Rosa v. City of Issaquah

District Court, W.D. Washington · Sep 25, 2025

Dixson may possess natural immunity and . . . consider[ed] 5 this aspect as part of her accommodation.” Dkt. No. 24 at 19. … While Plaintiff’s expert offers 6 opinions related to post-infection immunity, called “natural immunity” in some of the studies he 7 cites, this type of immunity would not have been a relevant consideration for Plaintiff

State v. Perez-Cervantes

6 P.3d 1160 · Washington Supreme Court · Aug 24, 2000

The testimony of Thomas' longtime girl friend established he had a history of drug abuse dating back to 1975. … Clearly, Thomas would not have died had he not been stabbed. Thus, the stab wound is a proximate cause of his death.

Lewis v. Department of Licensing

125 Wash. App. 666 · Court of Appeals of Washington · Feb 7, 2005

Clark, the Washington Supreme Court did not follow its analysis in Wanrow, but instead addressed the threshold issue of whether the conversations were private. 39 It did not reach the question whether the recording qualified … The in-car video provision dictates the conditions under which law enforcement personnel can record a traffic stop conversation even though the communication may be “private.” ¶22 Section 9.73.090(1) clearly states that the

Virginia Mason Medical Center, V. Rheannon Androckitis

Court of Appeals of Washington · Sep 30, 2024

We conclude that the provisions of WAC 296-126-092(1)-(2) clearly and unambiguously established a right to have a meal period. … The parties agree that the workers’ status as employees clearly makes them persons for whom WAC 296-126-092 was promulgated.

State v. Koslowski

209 P.3d 479 · Washington Supreme Court · Jun 18, 2009

We have previously stated that three "closely connected requirements" must be satisfied for a hearsay statement to qualify as an excited utterance, including, (1) a startling event or condition must have occurred, (2) the … The first and third requirements are met here because the underlying robbery clearly constituted a startling event and Ms.