Case law

Merrill v. Crown Life Insurance

22 F. Supp. 3d 1137 · District Court, E.D. Washington · May 23, 2014

Although Plaintiff has not clearly articulated the basis for his bad faith claim, he appears to be claiming that Crown Life made a “self-serving” decision to deny total disability coverage from January 2011 to November 2011 … The record firmly establishes that this delay was not unreasonable. Contrary to Plaintiffs assertions, the medical records from Dr.

Gausvik v. Perez

239 F. Supp. 2d 1108 · District Court, E.D. Washington · Nov 27, 2002

This court declined to grant summary judgment in favor of defendant Perez on the § 1983 claims and in turn, declined to grant him qualified immunity. … Because the court believed the proof did not establish supervisory liability, however, it granted plaintiffs motion to supplement his summary judgment response.

George v. Colville Confederated Tribes

District Court, E.D. Washington · Feb 24, 2025

See LaPlante, 480 U.S. at 17 16 (holding adjudications of reservation affairs by nontribal courts infringe upon 18 tribal lawmaking authority, because tribal courts are best qualified to interpret and 19 apply tribal … Moreover, allowing Plaintiff to file another amended 14 complaint would be futile, given that Plaintiff is bringing claims that are clearly 15 barred by sovereign immunity or that should be (and were) brought in Tribal

Confederated Tribes of the Colville Indian Reservation v. Washington

412 F. Supp. 651 · District Court, E.D. Washington · Apr 14, 1976

President Grant established the reservation by Presidential Executive Order on July 2, 1872, 1 C. … As a basic proposition it is clear that Indians traditionally enjoyed the exclusive right to hunt and fish on lands reserved to them, unless such rights were clearly relinquished by treaty. Menominee Tribe v.

Roush v. Akal Security Inc

District Court, E.D. Washington · Feb 4, 2020

If a person successfully raises the anti- 2 SLAPP statute’s immunity defense, he “is entitled to recover expenses and 3 reasonable attorneys’ fees incurred in establishing the defense and in addition shall 4 receive … Cox, 183 Wn.2d 269, 351 (Wash. 2015) (leaving 17 intact the narrower and well-established RCW § 4.24.510).

Molesky v. Walter

931 F. Supp. 1506 · District Court, E.D. Washington · Jun 7, 1996

As discussed above, mental health evaluations promote legitimate penological objectives which clearly outweigh any individual right to privacy. See Turner v. … CONCLUSION In light of the rather clear absence of any issue of material fact on the merits of plaintiffs constitutional claims, it is unnecessary to address defendants’ entitlement to qualified immunity from damages.

Kessack v. Washington State Department of Corrections

District Court, E.D. Washington · Jul 7, 2021

Qualified Immunity 17 Defendants assert CCO Webb is entitled to qualified immunity. … If 7 the answer to either inquiry is “no,” then the defendant is entitled to qualified 8 immunity and may not be held personally liable. Glenn v.

Bower v. Bunker Hill Co.

114 F.R.D. 587 · District Court, E.D. Washington · Feb 4, 1986

The class is clearly identifiable and thus the first requirement has been met. The next question is whether the named plaintiffs are members of the proposed class. … I find that the plaintiffs have established the existence of common issues of law and fact.

George

District Court, E.D. Washington · Jan 5, 2026

motion by presenting affidavits or other evidence properly brought before the court, the party opposing the motion must furnish affidavits 13 or other evidence necessary to satisfy its burden of establishing … 15 immunity.”

Goodin v. Vercoe

District Court, E.D. Washington · May 22, 2020

“If there is no 17 constitutional violation, the inquiry ends and the officer is entitled to qualified 18 immunity.” Ioane v. … Defendant is entitled to qualified immunity. Ioane, 939 F.3d at 950. Even 7 construing the evidence in the light most favorable to Plaintiff, Defendant is 8 entitled to judgment as a matter of law.

Workman v. Chinchinian

807 F. Supp. 634 · District Court, E.D. Washington · Mar 6, 1992

The record does not establish that the conflict in the states’ limitation laws has affected the cost of Dr. … This standard requires that Idaho health care providers exercise the same degree of care and skill of similarly trained and qualified providers of the same class in the same community. Dekker v.

Northern Pac. Ry. Co. v. Mitchell

208 F. 469 · District Court, E.D. Washington · Jan 10, 1913

I am clearly of the opinion, however, that it will be unwise policy to encourage those Indians who are now farming to remain in their present locations. … Wyman had any authority to designate or establish a reservation at Port Orford for any purpose.

Eggers v. The Healing Lodge of the Seven Nations

District Court, E.D. Washington · Aug 13, 2025

Tax Comm’n, 498 U.S. at 514. 21 When a tribe establishes an entity to conduct certain activities, the entity is 22 immune if it functions as an arm of the tribe. Allen v. … Absent a clearly stated intent to extend tribal 9 immunity, district courts have looked to tribal authorizations to perform tribal self- 10 governance functions to decide this factor. Manzano v. S.

Riley et ux v. Spokane County

District Court, E.D. Washington · Dec 19, 2023

Absolute immunity is 4 “immunity from suit rather than a mere defense to liability.” Butler v. San Diego 5 Dist. … Absent a showing of facts clearly in violation 7 of established law, immunity stands. Id. at 964. 8 D.

Ferguson v. Wal-Mart Stores, Inc.

114 F. Supp. 2d 1057 · District Court, E.D. Washington · Sep 28, 2000

A plaintiff can establish a prima facie discrimination case under the ADEA and WLAD for failure to hire because of age by showing that (1) she was 40 to 70 years old; (2) she applied for and was qualified for a position for … To prevail on an employment termination claim under the ADA, a plaintiff must establish (1) that she is disabled within the meaning of the ADA; (2) that with or without reasonable accommodation she is qualified to perform

Integrated Health Professionals, Inc. v. Pharmacists Mutual Insurance

422 F. Supp. 2d 1223 · District Court, E.D. Washington · Mar 21, 2006

Finally, Integrated has failed to establish at least one of the elements of estoppel. … The term “scope of employment” has a well-established meaning within the field of agency law.

Reed v. City of Asotin

917 F. Supp. 2d 1156 · District Court, E.D. Washington · Jan 11, 2013

Here, Plaintiffs management-related duties were clearly central to the successful management and operation of the City of Asotin Police Department. … The record does not establish the precise date on which Plaintiff discovered the existence of the two documents in question.

In Re Metropolitan Securities Litigation

532 F. Supp. 2d 1260 · District Court, E.D. Washington · Nov 5, 2007

The Defendants bear the burden of proving the statute of limitations defense. *1286 In re Immune Response, 375 F.Supp.2d at 1027 . … Since the Defendants do not qualify for immunity under Hines , the fact-intensive question of whether they meet the substantial contributing factor test may not be resolved on a motion to dismiss.

Community Ass'n for Restoration of the Environment, Inc. v. Cow Palace, LLC

80 F. Supp. 3d 1180 · District Court, E.D. Washington · Jan 14, 2015

Rather, the core of Defendant Cow Palace’s challenge is whether any standee can establish individual standing. … D.Or.1997) (“The Supreme Court's decision in Meghrig thus defines the two endpoints of the RCRA citizen suit continuum: a plaintiff facing an imminent threat from hazardous waste, when no remediation has yet taken place, clearly

Husayn v. Mitchell

District Court, E.D. Washington · Feb 27, 2024

Derivative Sovereign Immunity 2 Government contractors performing work at the direction of the government 3 are also immune from suit based on derivative sovereign immunity. … Defendants are entitled to 11 derivative sovereign immunity for Plaintiff’s claims. 12 5.