Case law

Hernandez Castro v. Mayorkas

District Court, E.D. Washington · Apr 11, 2022

Hernandez Castro’s visa application (i.e., 12 find that the COVID-19 vaccine was routinely available at the time and that Mr. 13 Hernandez Castro did not qualify for a blanket waiver). 14 Thus, … Defendants argue that 10 Plaintiffs’ claim for mandamus relief fails for two reasons: (1) Plaintiffs have not 11 established that they are “clearly and indisputably” entitled to the relief they seek, 12 especially because

Saucedo v. NW Management & Realty Services, Inc.

290 F.R.D. 671 · District Court, E.D. Washington · Feb 27, 2013

Thus, the only disputed issues for purposes of establishing liability are (1) whether NW Management qualifies as a “farm labor contractor” within the meaning of RCW 19.30.010(2) such that it was required to obtain a farm … Notably, it is not sufficient for Plaintiffs to establish that Mr. Morfin merely carried or fired a gun in the presence of putative class members. Rather, Plaintiffs must establish that Mr.

Ellis v. Egghead Software Short-Term & Long-Term Disability Plans

64 F. Supp. 2d 980 · District Court, E.D. Washington · Jul 16, 1999

The court held that this language clearly satisfied the Firestone standard for conferring discretion. … In Friedrich , it was a failure to follow established policies and procedures. Here, there is evidence of both varieties.

Lutz v. Spokane Regional Health District

District Court, E.D. Washington · Apr 29, 2022

protection under this 14 agreement must be clearly so designated before or when the material is 15 disclosed or produced. 16 a. … This provision is not 14 intended to modify whatever procedure may be established in an e-discovery order 15 or agreement that provides for production without prior privilege review.

Faustino-Anaya v. Andrewjeski

District Court, E.D. Washington · Mar 1, 2024

Habeas relief 7 is only available if the state court’s decision was contrary to, or involved an 8 unreasonable application of, clearly established federal law as determined by the 9 Supreme Court. 28 U.S.C … 13 established’ at the time of the adjudication.”); see Williams v.

Pakootas v. Teck Cominco Metals, Ltd.

832 F. Supp. 2d 1268 · District Court, E.D. Washington · Nov 29, 2011

Slag clearly is a “waste product.” Louisiana-Pacific v. ASARCO, Inc., 24 F.3d 1565 (9th Cir.1994). Unlike ore, it does not “consist[ ] of economically worthwhile concentrations of metals.” … In order to establish liability for response costs under 42 U.S.C.

Mastaba, Inc. v. Lamb Weston Sales, Inc.

23 F. Supp. 3d 1283 · District Court, E.D. Washington · May 27, 2014

While Mastaba clearly outlines why it needs the information, ECF No. 37 at 4, Lamb Weston did not explain why the information sought is burdensome. ECF No. 44. … However, this statement qualifies as a statement of party admission. Fed.R.Evid. 801(d)(2). .

Stickelmeyer v. Bisignano

District Court, E.D. Washington · Aug 19, 2025

The party appealing the ALJ’s decision generally bears the burden of 11 establishing that it was harmed. Shinseki v. … disorders, but genetic disorders, and, 13 therefore, should not be included in the immune system listings.

Tofsrud v. City of Spokane

District Court, E.D. Washington · Jun 2, 2021

Other courts have found that prosecutors are entitled to 17 absolute prosecutorial immunity for such decisions. See Harris v. … June 17, 3 2020) (“Defendants Driscoll and Haskell are entitled to absolute prosecutorial 4 immunity for the decision to place Deputy Pendell on the [Potential Impeachment 5 Disclosure List].”).

Powell v. Colvin

District Court, E.D. Washington · Jan 9, 2025

But tasks that aren’t essential, integral, or expected parts of a job are less likely to qualify as apparent conflicts that the 7 ALJ must ask about. … Policy Management Systems 4 Corp.38 states clearly that the ADA and Social Security Act do not inherently 5 conflict and can reasonably co-exist.

Kniffen v. East Wenatchee Water District

District Court, E.D. Washington · Jun 27, 2025

To establish a prima facie case 16 for a failure to accommodate claim, Plaintiff must show (1) he is a qualified 17 individual, (2) his employer received adequate notice of his need for an 18 accommodation, and (3 … Under the McDonnell 9 Douglas framework, a plaintiff must first establish a prima facie case by showing: 10 (1) he was a member of a protected class, (2) he was qualified for the position, (3) 11 he was subject to

McLean v. United States

District Court, E.D. Washington · Apr 16, 2025

Legal Standard 8 The federal government enjoys immunity from suit, see F.D.I.C. v. … Meyer, 9 510 U.S. 471, 475 (1994), except in cases like the FTCA where it has waived 10 sovereign immunity under a respondeat superior theory, see Blackburn v.

United States v. Hegge

631 F. Supp. 512 · District Court, E.D. Washington · Apr 1, 1986

Hegge’s alleged and established criminal activity involving at least two murders. Evidence of those murders and the other criminal activity of Mr. … The reasons for this rule are clearly set forth in Gannett.

Goetz v. Life Insurance Co. of North America

272 F. Supp. 3d 1225 · District Court, E.D. Washington · Sep 21, 2017

Greever’s death did not qualify as a “Covered Accident” and (2) coverage was precluded, by the sickness exclusion. Id. at 243-46. Ms. … The district court may consider new evidence only when “circumstances clearly establish it is necessary to conduct an adequate de novo review of the benefit decision.” Mongeluzo v.

Jones v. Grant County Hospital District 1

District Court, E.D. Washington · Jun 15, 2021

Jones failed to exhaust any post-October 2018 Title 4 VII claims and claims based on Defendant’s report to the State; (2) the filing of the 5 report to the Washington Department of Health is speech activity immune from … Jones failed to exhaust any claim based on 18 the filing of the report with the Washington Department of Health, the Court need 19 not address whether the Noerr-Pennington doctrine provides immunity for the 20 filing

Newmont USA Ltd. v. American Home Assurance Co.

795 F. Supp. 2d 1150 · District Court, E.D. Washington · Jun 13, 2011

The policyholder has the burden of showing the property damage qualifies as an occurrence. … Plaintiffs, as the policyholders, will still have the burden of showing the claimed property damage qualifies as an occurrence.

United States v. Spokane Fuel Dealers Credit Ass'n

55 F. Supp. 387 · District Court, E.D. Washington · Apr 17, 1944

If Congress had desired to grant any further immunity, Congress doubtless would have said so.” … This legislative record clearly demonstrates the recognition by Congress of the relationship between intrastate transactions in coal and interstate transactions.

Montes v. City of Yakima

40 F. Supp. 3d 1377 · District Court, E.D. Washington · Aug 22, 2014

Thernstrom is qualified by his training and experience as a tenured professor, academic researcher, and frequently published author to offer these opinions. … As the table above clearly illustrates, there are at least five possible single-member voting districts which satisfy the numerosity requirement.

Moore v. Naph Care Inc

District Court, E.D. Washington · May 8, 2025

If satisfied, “a 14 witness qualified as an expert . . . may testify thereto in the form of an opinion.” 15 Fed. R. Evid 702. … The burden then shifts to the plaintiff to provide an affidavit from a 12 qualified medical expert witness that alleges specific facts establishing a cause of 13 action . . .

Busselman v. Battelle Memorial Institute

District Court, E.D. Washington · Nov 15, 2019

the personnel who conduct the investigation are sufficiently independent of involvement in the event and adequately trained and qualified.” Id. 19 “[C]ontractors should . . . … To establish that she held the requisite 8 reasonable belief, Plaintiff “need not prove that the condition disclosed actually 9 established one or more of the listed categories of wrongdoing,” but instead “must 10