Case law

United States v. Funds From First Regional Bank Account XXXXX1859 Held in the Name of R K Co.

639 F. Supp. 2d 1203 · District Court, W.D. Washington · Mar 11, 2009

RK’s narrow interpretation of “contraband cigarettes” is contrary to established Ninth Circuit precedent and the applicable statutes and regulations. … Global has not established innocent owner status under 18 U.S.C. § 983 (d)(3). 3.

State v. Korsakas

Washington Supreme Court · May 21, 2026

Korsakas does not allege facts that, if true, establish such a conflict. … Furthermore, the record clearly shows that upon denying Korsakas’ motion, the court immediately reengaged with Korsakas’ counsel to assist the court with Korsakas’ sentencing.

State Of Washington, V Steven Brian Yelovich

Court of Appeals of Washington · Oct 24, 2017

But the facts here are different than in Walther, where the interference with the defendant’s car clearly had been “completed”; it had been taken the day before. … Yelovich points out that a person is immune from civil liability under tort law for using force to recover stolen personal property.

Wallace v. Pierce County Sheriff's Department

District Court, W.D. Washington · Nov 12, 2019

At 6 most, these allegations establish Plaintiff’s disagreement with the decision not to x-ray his leg or 7 offer a new splint. … Plaintiff’s disagreement with the course of medical treatment is insufficient to 8 establish deliberate indifference.

Barkhurst v. Sundstrom

District Court, W.D. Washington · Nov 18, 2021

Qualified immunity 2 is not at issue in this motion. 3 II. DISCUSSION 4 A. … “It is well 7 established that in some areas, article I, section 7 provides greater protection than its federal 8 counterpart—the Fourth Amendment.” York v. Wahkiakum Sch. Dist.

State v. Fleming

228 P.3d 804 · Court of Appeals of Washington · Apr 13, 2010

Regarding its ruling on the customer contact document, the trial court stated: [The customer contact notes are] clearly a routine business record kept by this business, and it's clerical in nature, documenting events that … NOTES [1] RCW 5.45.020 states: A record of an act, condition or event, shall in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation

Geoffrey Nelson Burns, V. Dina Patricia Burns

Court of Appeals of Washington · Jul 8, 2025

The court excluded this testimony because Dina did not qualify as an expert to offer an opinion about the effect of Geoffrey’s alleged childhood trauma. … to understand the scope of Dina’s 17 No. 59121-9-II challenge because Dina provides no record citations in the facts section of her brief and her arguments do not clearly

State of Washington v. Bisir Bilal Muhammad

419 P.3d 419 · Court of Appeals of Washington · Jun 7, 2018

While every factor need not be present to establish exigency, in the aggregate the factors must establish the need to act quickly. State v. Patterson, 112 Wn.2d 731, 736, 774 P.2d 10 (1989). … The merger doctrine applies when the legislature clearly indicates that it did not intend to impose multiple punishments for a single act that violates several statutory provisions. State v.

Levias v. Pacific Maritime Ass'n

760 F. Supp. 2d 1036 · District Court, W.D. Washington · Jan 7, 2011

Although the FLSA does not clearly define what types of activity qualify as “hours worked,” the Supreme Court has decided several cases in which it elaborated on the types of activities that are compensable work under the … That is clearly not the case here.

State Of Washington v. Kevin R. Case

Court of Appeals of Washington · Aug 6, 2019

The Supreme Court subsequently reversed our decision, holding that Case’s stipulation was sufficient to establish that he had two prior qualifying convictions under RCW 26.50.110(5). 187 Wn.2d at 91-92. … However, RCW 9.94A.530(2) clearly provides that once a defendant objects to the State’s proof of his prior convictions, the trial court must either (1) not consider the facts offered by the State or (2) grant an evidentiary

Hardee v. Department of Social & Health Services

152 Wash. App. 48 · Court of Appeals of Washington · Jul 27, 2009

superior court. 5 We review factual findings to determine whether they are supported by substantial evidence. 6 In reviewing factual findings under this provision, we will overturn an agency’s factual findings only if they are clearly … legal conclusions. 8 ¶12 “Constitutional challenges are questions of law subject to de novo review.” 9 Statutes are presumed constitutional, and the party challenging the constitutionality of a statute has a heavy burden to establish

Robinson

District Court, W.D. Washington · Apr 2, 2026

Here, the deficiencies cannot be cured by amendment because 5 State Defendants are immune. The Court is satisfied that it is “absolutely clear” 6 that amendment would be futile. … The Court cannot find 4 that Robinson is clearly entitled to an injunction under the Turner test given this 5 lack of detail.

Luellen v. City of Aberdeen

20 Wash. 2d 594 · Washington Supreme Court · May 3, 1944

The substance of the provisions of the ordinance which we deem applicable to the appellant is as follows: The police officers in the employ of the city at the time of the passage of the ordinance were deemed to be qualified … It appears from the record that, at the time of his removal, the appellant was eligible to make the request for retirement and a pension, but, by reason of his removal, he became ineligible because it quite clearly appears

WASHINGTON WATER JET WORKERS v. Yarbrough

61 P.3d 309 · Washington Supreme Court · Jan 16, 2003

Demands were made to appoint a qualified warden in place of Billings' hired superintendent. They appropriated $600 per year for such an official. … A series of basic principles were identified in establishing new work programs.

City of Seattle v. Monsanto Company

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

The proponent of expert testimony has the burden of establishing that 5 the admissibility requirements are met by a preponderance of the evidence. Id. at 592 n.10; see 6 also Lust v. … Such practices clearly 21 fit within the definition of “appraisal.”

Club Level, Inc. and Ryan Fila v. City Of Wenatchee

Court of Appeals of Washington · Sep 1, 2015

The district court judge then also determined that qualified immunity applied to each of the constitutional claims. … No such behavior was established by the evidence.

Robinson v. Bailey

District Court, W.D. Washington · May 14, 2021

Weisman, 803 F.2d 500, 504 (9th Cir. 1986)). 5 Judgment on the pleadings under Federal Rule of Civil Procedure 12(c) “is proper when 6 the moving party clearly establishes on the face of the … litigation, Defendant Gibson cannot show that he in fact, made a complaint or 8 submitted a sworn statement to any governmental agency which led to Plaintiff’s arrest and 9 prosecution, and for which he is entitled to immunity

Kenmore MHP LLC v. City Of Kenmore

Washington Supreme Court · May 4, 2023

“‘An agency acting within the ambit of its administrative functions normally is best qualified to interpret its own rules, and its interpretation is entitled to considerable deference by the courts.’” … With this exception, the court in Borzeka established the four-part test discussed in Your Snoqualmie Valley.

State v. Massey

60 Wash. App. 131 · Court of Appeals of Washington · Jun 6, 1990

A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. … Admission of Harris's prior bad acts for the purpose of establishing a defense of duress is not supported by *144 any of the listed exceptions.

Leer v. Washington Education Ass'n

172 F.R.D. 439 · District Court, W.D. Washington · Apr 30, 1997

Clearly, there is no risk of a windfall to plaintiffs or financial embarrassment to the union with respect to plaintiffs’ claims for injunctive and declaratory relief on their notice claim. … In re Itel Securities Litig., 89 F.R.D. 104, 121 (N.D.Cal.1981). *448 La Mar only briefly discussed what types of relationships might qualify as “juridical links,” and cited a few prior cases where a juridical link was present