Case law

Hinkle v. Bisignano

District Court, E.D. Washington · Jun 5, 2025

The ALJ is not medically 11 qualified to determine whether the more recent observations and test 12 results were consistent with Plaintiff’s reported symptoms. … Conclusion 5 Plaintiff establishes the ALJ erred.

State v. Asaeli

150 Wash. App. 543 · Court of Appeals of Washington · Mar 31, 2009

The non-gang-related evidence was clearly sufficient to show that Williams approached and challenged Fola to a fight. … The record clearly establishes that Asaeli is of Samoan descent. The record also suggests that Vaielua is of Samoan descent. Williams and Asaeli are cousins.

Nisqually Delta Ass'n v. City of DuPont

103 Wash. 2d 720 · Washington Supreme Court · Mar 7, 1985

This court applies the "clearly erroneous" review standard of RCW 34.04.130(6)(e) *726 directly to the challenged administrative decisions. Department of Ecology v. … To establish and maintain reasonable structural standards for maintenance and development of Du Pont's shoreline. 8.

Abrams v. State

45 Wash. 327 · Washington Supreme Court · Jan 15, 1907

Ankeny Avas appointed and qualified as her administrator, and has ever since been in possession, leasing the premises to the defendants N. A. Hebert and C. W. Shomo. … will pass a title good against all the world except the state¡ As an alien may acquire and hold lands in this state in the instances specified, and in case of mineral lands, etc., under the last part of the provision, may clearly

Wagner Development, Inc. v. Fidelity & Deposit Co.

95 Wash. App. 896 · Court of Appeals of Washington · May 28, 1999

“Nothing more need be proved to establish liability under ... an attachment bond . . . .” 1A Wash. Prac. § 51.3, at 399; see also Ross v. … App. 601, 608 , 779 P.2d 281 (1989) (“The realization that [the] first declaration was insufficient does not qualify the second declaration as newly discovered evidence.”).

Washington Election Integrity Coalition United v. Anderson

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

the County,” and restrain the Auditor of suffrage without due Constitution and the “privileges from using an uncertified voting process of law” and 11 and immunities” clause of the system, allowing or facilitating … Although 20 Plaintiffs do not explain their theory of vote dilution, it appears to be based on general allegations 21 of election irregularities that affected the votes of all “qualified electors” in the County.

Medina v. U.S. Dep't of Homeland Sec.

313 F. Supp. 3d 1237 · District Court, W.D. Washington · May 15, 2018

. § 274a.12(c)(14) (permitting USCIS to establish a specific period for employment authorization for aliens who have been granted deferred action). … "[I]f an agency relies on two grounds for a decision, a court may sustain it if one is valid and if the agency would clearly have acted on that ground even if the other were unavailable." Syracuse Peace Council v.

FIRST SMALL BUSINESS INV. CO. OF CA. v. Intercapital Corp. of Oregon

108 Wash. 2d 324 · Washington Supreme Court · Jun 11, 1987

Thus, we have not established an absolute rule of disqualification even within the same firm. … Such a holding should be overruled if it lays down or tacitly applies a rule of law which is clearly erroneous, and if to apply the doctrine would work a manifest injustice to one party, whereas no corresponding injustice

Brown v. Department of Health

94 Wash. App. 7 · Court of Appeals of Washington · Dec 17, 1998

This administrative proceeding started before a health law judge and finished with the Dental Disciplinary Board, consisting of three licensed and qualified dentists. … Clearly, the civil sanctions were not imposed for the *20 same offense. And the findings of unprofessional conduct do not even arise out of the same set of facts. Knutson, 88 Wn. App. at 680 .

Wilson v. Shalala

841 F. Supp. 1491 · District Court, E.D. Washington · Jan 6, 1994

And even after qualifying for such an entitlement, *1496 one may engage in a trial work period. . 42 U.S.C. § 422 (c)(3). Id. … This is clearly a courageous effort on her part since she has been found to suffer from severe medical impairments.

In The Matter Of The Parental Rights To A.r.

Court of Appeals of Washington · Jul 29, 2024

Moreover, E.R. cannot establish that service at M.W.’s home would have been more likely to ensure that he received actual notice. … WE CONCUR: 1 It is also worth noting that E.R.’s attorney, Bryant, informed the court that she was “aware of [E.R.’s] interest to seek further review if he did not prevail at trial,” clearly indicating that E.R

State v. A.M.

194 Wash. 2d 33 · Washington Supreme Court · Sep 12, 2019

"The requirements under RAP 2.5(a)(3) should not be confused with the requirements for establishing an actual violation of a constitutional right or for establishing lack of prejudice under a harmless error analysis if … We nonetheless declined to revisit our established interpretation.

State Of Washington, V. Tan Chi Phan

Court of Appeals of Washington · Dec 27, 2022

When Phan indicated that he did not understand the question, the trial court emphasized that Phan would be held to 1 A “strike offense” is an offense that qualifies as a “most serious offense” … established law.

Dang v. Johnson

District Court, W.D. Washington · Sep 19, 2022

PRELIMINARY INJUNCTION 17 Plaintiffs seeking a preliminary injunction must establish one of two tests. All. for the 18 Wild Rockies v. … or quasi-judicial immunity, and that the claims are barred 18 by the statute of limitations. 19 2.

State v. AU Optronics Corp.

180 Wash. App. 903 · Court of Appeals of Washington · May 5, 2014

. ¶4 LG Display is not licensed or qualified to do business in Washington State. … Reader’s Digest Ass’n: 76 Respondent solicited Washington business and derived substantial profits from Washington residents by clearly illegal methods.

State v. Young

48 Wash. App. 406 · Court of Appeals of Washington · Jul 8, 1987

Generally, any circumstance is admissible which reasonably tends to establish the theory of the party offering it, to explain, qualify or disprove the testimony of his adversary. Rothman v. North Am. Life & Cas. … The affidavits here clearly reflect the juror's thought process and therefore may not be considered in reviewing either the denial of the motion for new trial or the alleged instructional error.

Portugal v. Franklin County

Washington Supreme Court · Jun 15, 2023

Does the WVRA facially violate the privileges and immunities clause of article I, section 12 of the Washington Constitution? D. … The WVRA can clearly be applied in a manner that does not violate article I, section 12 because, on its face, the WVRA does not grant any privilege or immunity to any class of citizens.

Herron v. Haynes

District Court, E.D. Washington · Apr 1, 2021

He argues that the state court’s decision dismissing his claims as 24 time-barred was improperly decided, prevented him from presenting his claims, 25 and was contrary to the clearly established law for evaluating Brady … In reply, Petitioner argues that his 3 petition should be considered timely because the Division III Court of Appeals 4 applied a test that was contrary to clearly established federal law in determining 5 that his second

Wilderness Watch v. Iwamoto

853 F. Supp. 2d 1063 · District Court, W.D. Washington · Mar 27, 2012

In 1977, the Forest Service and the State Historic Preservation Officer consid *1066 ered whether the Green Mountain lookout qualified for listing on the National Register. … Clearly, there are less extreme measures that could have been adopted, such as relocation of the lookout outside the wilderness area, which would have had less impact on the “wilderness character” of the area but still furthered

Nguyen v. STATE HEALTH MED. QUALITY ASSUR.

29 P.3d 689 · Washington Supreme Court · Aug 23, 2001

Nguyen's professional license clearly represents a property interest to which due process protections apply. … Increased cost is clearly not a fact or concern here.