Case law

Dean Wilcox v. Basehore

189 Wash. App. 63 · Court of Appeals of Washington · Jul 23, 2015

ELR qualifies, for purposes of federal government contracts, as a disabled military veteran owned small business. ELR's President Emmett Richards suffered a gunshot wound during the Vietnam War. … Wilcox did not join WCH as a defendant since WCH was his employer, who enjoyed worker compensation immunity.

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.

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.

State v. Anderson

41 Wash. App. 85 · Court of Appeals of Washington · Jun 26, 1985

Based on the foregoing, White's credibility and basis of knowledge were clearly established. … The proof required to satisfy admission is that which, in the opinion of the trial court, establishes or tends to establish the fact of the conspiracy, State v.

Northwest Grocery Association v. City of Seattle

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

Even on the specific question of compensation, the City points out that the 9 Ordinance “clearly contemplates that pay could be reduced for other reasons,” as it includes 10 recordkeeping requirements to justify decreases … Assuming, arguendo, that the Contracts Clause of the Washington Constitution does constitute a 19 privilege or immunity

Eggum v. Holbrook

District Court, W.D. Washington · Jun 18, 2020

The Report concurred, finding that “the Washington Supreme Court’s decision is 16 contrary to clearly established Supreme Court precedent.” … application of 18 clearly established federal law.”

State v. Hartzell

237 P.3d 928 · Court of Appeals of Washington · Jul 19, 2010

Any remark "that has the potential effect of suggesting that the jury need not consider an element of an offense" could qualify as a judicial comment. Levy, 156 Wash.2d at 721 , 132 P.3d 1076 . … The court concluded the language of the instruction was "clearly discretionary" and nothing in it suggested that the jury "must" infer criminal intent if it found unlawful entry.

Stewart v. Snohomish County PUD No. 1

262 F. Supp. 3d 1089 · District Court, W.D. Washington · Jun 21, 2017

Stewart communicated clearly about her need to intermittently receive the Dilaudid injections. … However, there is insufficient evidence to establish a causal connection between Stewart’s taking of leave and the adverse employment actions.

General Telephone Co. of the Northwest, Inc. v. Utilities & Transportation Commission

104 Wash. 2d 460 · Washington Supreme Court · Sep 19, 1985

The statute clearly authorizes such an action if the other requirements are *466 met. 3 The Kansas Supreme Court reached the same result with a virtually identical statute and similar facts in Southwestern Bell Tel. … Because irreparability can be met so easily by utilities that appeal, we hold that a showing of irreparability alone is insufficient to qualify for interim relief.

Ruiz-Diaz v. United States

819 F. Supp. 2d 1154 · District Court, W.D. Washington · May 10, 2011

The use of visas to grant temporary admittance, authorize certain stateside activities, and establish a departure date furthers that interest, and there is no indication in the record that the visa process, including the … How this problem creates a due process concern is not clearly stated.

James v. Adams v. Washington State Dept Of Corrections

189 Wash. App. 925 · Court of Appeals of Washington · Sep 1, 2015

Accordingly, to establish bad faith, an inmate "must demonstrate a wanton or willful act or omission by the agency." Id. at 103. … (1), and to establish that "the estimate [of time to respond] provided is reasonable," RCW 42.56.550(2).

State v. Howe

151 Wash. App. 338 · Court of Appeals of Washington · Jul 21, 2009

. ¶9 To determine whether an out-of-state conviction qualifies as a “sex offense,” a trial court compares the out-of-state statute with comparable laws of this state. See State v. … The State, therefore, failed to establish an essential element of the crime of failure to register as a sex offender. Werneth, 147 Wn. App. at 555 .

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.

Fkadu v. Tesfay

District Court, W.D. Washington · Jun 29, 2021

ANALYSIS 8 “Judgment on the pleadings is proper when the moving party clearly establishes on 9 the face of the pleadings that no material issue of fact remains to be resolved and … But while Mr. 6 Tesfay’s answer is admittedly less clearly organized than Ms. Fkadu’s complaint, the 7 court interprets his filing liberally. See Balistreri, 901 F.2d at 699.

Bazan v. Department of Social & Health Services

26 Wash. App. 16 · Court of Appeals of Washington · Apr 28, 1980

RCW 74.04.057 authorizes the department to promulgate such rules and regulations as are necessary to qualify the State for federal funds under the social security act ( 42 U.S.C.A. §§ 601 et seq. (1974 & Supp. 1979)). … Withholding of information includes A willful failure by the recipient to report changes in income, resources or other circumstances which may affect the amount of payment, if the State agency has clearly notified the recipient

Madison Estates Invest. Ltd Partnership, Res. V. Madison Estates Lot 5 Investments, Llc, App.

Court of Appeals of Washington · Aug 12, 2024

On this record, MELP has not established a violation of its constitutional rights. … Carr explained that to determine whether a site qualifies as a wetland one must consider “three environmental parameters: hydrology, soil, and vegetation.”

Zink v. City of Mesa

140 Wash. App. 328 · Court of Appeals of Washington · Aug 23, 2007

When a record request is subject to the PDA, the burden of proof is on the agency to establish the applicability of a specific exemption. … Hearst Corp., 90 Wn.2d at 131-32 . ¶15 In Hearst Corp., the appellant, a county assessor, argued that “the cost and excessive disruption to the department of assessments clearly outweigh [ed] the public benefit of disclosing

Central Life Assurance Society v. Impelmans

13 Wash. 2d 632 · Washington Supreme Court · Jun 4, 1942

Appellant, Central Life Assurance Society, is a corporation having its home office in Des Moines, Iowa, and is qualified to do business in this state, where it invests funds in real estate mortgages. … Forfeitures are not favored in the law and will not be enforced when it clearly appears that it would be inequitable to do so.

Elisa Gonzalez, V Farmers New World Life Insurance Company

Court of Appeals of Washington · Mar 16, 2026

“It is the responsibility of the complainant clearly to allege facts demonstrating that [they are] a proper party to invoke judicial resolution of the dispute and the exercise of the court’s remedial … Furthermore, even if that rule applies to the circumstances before us, she has not presented a qualifying motion for substitution. See RAP 3.2(b)-(c).

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