Case law

United States v. Walgren

695 F. Supp. 495 · District Court, W.D. Washington · Sep 7, 1988

While no other remedy is available to Defendant Walgren now, he has not shown the presence of the remaining three elements necessary to qualify for coram no-bis relief. A. … It is essential to understand that the evidence of a bribery transaction established for Count XVII (Travel Act) is a different bribery transaction than that established under Count XXIV (Mail Fraud).

Franks v. Commissioner of Social Security

District Court, W.D. Washington · Sep 6, 2022

Co. v. 17 F.E.R.C., 464 F.3d 861, 868 (9th Cir. 2006) (“[I]t is well established that an agency’s interpretation 18 of the intended effect of its own orders is controlling unless clearly erroneous.” … John F. 21 Robinson, Ph.D., who was not qualified to serve as a psychological consultant at the time that he 22 reviewed Plaintiff’s file. AR 178.

Clean v. City of Spokane

133 Wash. 2d 455 · Washington Supreme Court · Nov 13, 1997

The court held, on the only issue before it, that when any portion of a law addresses an emergency, the entire law is immune from referendum. [17] Since the plaintiff conceded that the appropriations provisions of the acts … Instead, this court has upheld declarations of emergency only when the facts established a need for immediate response to public peril.

Ham, Yearsley & Ryrie v. Northern Pacific Railway Co.

107 Wash. 378 · Washington Supreme Court · Jun 4, 1919

In instruction number seven the respondent *384 insists that the trial court adhered to the rule which held to the market value for all purposes, and clearly, specially and unmistakably told the jury that, in their determination … All of these matters were denied by the appellants in their counter-affidavit, and it was averred that these witnesses were qualified, and called for the purpose of testifying, as witnesses, to the market value of the premises

Forbes v. American Building Maintenance Co. West

148 Wash. App. 273 · Court of Appeals of Washington · Jan 8, 2009

Schultz contends the contract is not ambiguous because the settlement contingency clearly relates only to settlement before a judgment is entered. … Accordingly, attorney fees to the prevailing party in a lawsuit generally do not qualify for prejudgment interest. Weyerhaeuser Co., 142 Wn.2d at 687-88 .

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

Forbes v. AMERICAN BLDG. MAINTENANCE CO.

198 P.3d 1042 · Court of Appeals of Washington · Jan 8, 2009

Generally the renegotiation of an attorney's fee after establishment of the attorney-client relationship requires particular attention and scrutiny. Ward v. … Accordingly, attorney fees to the prevailing party in a lawsuit generally do not qualify for prejudgment interest. Weyerhaeuser, 142 Wash.2d at 687-88 , 15 P.3d 115 .

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

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.

Jackson v. King County

District Court, W.D. Washington · Jul 18, 2025

Wash. 2023), and plaintiff offers no reason why she should be relieved of the burden of establishing the existence of a bona fide religious belief. … or personal preferences, or any other nonreligious concerns (including about the possible 22 effects of the vaccine), do not qualify

National Football Scouting, Inc. v. Rang

912 F. Supp. 2d 985 · District Court, W.D. Washington · Dec 13, 2012

“To qualify for copyright protection, a work must be original to the author.” Feist Publications, Inc. v. … The only factor clearly tipping in National’s favor is the nature of the copyrighted work. But there is no presumption that the unpublished nature of the work overcomes all of the other factors.

Hearst Communications v. Seattle Times Co.

115 P.3d 262 · Washington Supreme Court · Jun 30, 2005

. §§ 1801-1804 . [1] The Newspaper Preservation Act creates a process by which parties to a JOA can gain limited antitrust immunity. Id. … A party invokes the loss operation clause by issuing a "loss notice," stating its intent to establish the "Newspaper Cessation Date ... at the earliest possible opportunity." CP at 102.

Allan v. University of Washington

140 Wash. 2d 323 · Washington Supreme Court · Apr 20, 2000

Perhaps the majority would here unwittingly overrule the standing portion of the Trades Council decision; but if that is its intent, it should say so clearly. As Mrs. … demonstrated by the fact that, without an express exemption, simple “statements” could otherwise be construed as *345 rules. 4 The language of the “statements” exemption does not support the conclusion that by not expressly qualifying

State Of Washington, V Daniel H. Tyner

Court of Appeals of Washington · Sep 20, 2022

To establish prior violations to support count two, the State offered evidence of two 2016 convictions for violation of a no contact order. … The probable cause statement clearly shows Tyner came to D.W.’s residence, assaulted her, left, and then returned to her residence.

Seattle Audubon Society v. Moseley

798 F. Supp. 1473 · District Court, W.D. Washington · May 28, 1992

Under existing law, however, standing is clearly established and the case is ripe for decision. See Idaho Conservation League v. Mumma, 956 F.2d 1508, 1513-19 (9th Cir.1992). III. … The Anderson and Burnham report is important enough that highly qualified experts, including some in the employ of the Forest Service, believe it *1483 means the ISC Strategy must be revised.

State Of Washington v. Raymond Rosarro Abitia

Court of Appeals of Washington · May 27, 2014

Gaasland-Smith was qualified as an expert to discuss child sex abuse in general. Gaasland- Smith testified that it is not unusual for children to delay disclosure. … In cross-examination, Abitia established that in his case there was no sexual deviancy evaluation. He renewed his objection.

D. Angus Lee v. Jerry Jasman

Court of Appeals of Washington · Aug 19, 2014

According to Morrison, Jasman's experience and training rendered Jasman the most qualified person to work in the Grant County Coroner's Office. … Jasman 1 I J all purposes of Title 9 RCW, "save when otherwise plainly declared or clearly apparent I I , from the context."

Newport Yacht Basin Ass'n of Condominium Owners v. Supreme Northwest, Inc.

168 Wash. App. 86 · Court of Appeals of Washington · May 7, 2012

A prevailing party need not succeed on its entire claim to qualify for attorney fees, but it must substantially prevail in order to be entitled to such an award. Silverdale Hotel Assocs. v. Lomas & Nettleton Co., 36 Wn. … The court entered judgment against Radovich in this amount. ¶31 Clearly, Bridges’ damages were not proved at trial.

State v. Templeton

148 Wash. 2d 193 · Washington Supreme Court · Dec 19, 2002

Clearly then, the revised form did not satisfy the rules.” 125 Where Divisions One and Two part company on this issue is in determining whether the failure to satisfy the rule prejudiced these defendants. … RIGHT TO REFUSE THIS BREATH TEST; THAT IF YOU REFUSE, YOUR LICENSE, PERMIT, OR PRIVILEGE TO DRIVE WILL BE REVOKED OR DENIED BY THE DEPARTMENT OF LICENSING; AND THAT YOU HAVE THE RIGHT TO ADDITIONAL TESTS ADMINISTERED BY A QUALIFIED

State v. Bergeron

105 Wash. 2d 1 · Washington Supreme Court · Dec 12, 1985

Officer Wardstrom is trained in dog tracking and is qualified to determine when a dog is on someone's track, and Sarge, Officer Wardstrom's police dog has been successfully trained in tracking. … This contention is borne out by numerous authorities which the diligence of counsel has gathered for the information of this court; and we believe it to be the law in most of the states, and that it would clearly be the law