Case law

Dixon v. Economy Inn

District Court, E.D. Washington · Aug 16, 2021

or portion thereof, if a plaintiff has raised claims that are 20 legally “frivolous or malicious,” that fail to state a claim upon which relief may be 1 granted, or that seek monetary relief from a defendant who is immune … The Court 8 may therefore dismiss a claim as frivolous when it rests on an indisputably meritless 9 legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. 10 at 327.

St Peter v. Franklin County

District Court, E.D. Washington · May 3, 2023

If there is no 3 constitutional violation, the inquiry ends and the individual is entitled to qualified 4 immunity. Ioane v. … immunity.

Wilcox v. Swapp

360 F. Supp. 3d 1140 · District Court, E.D. Washington · Jan 24, 2019

Wilcox fails to allege facts that establish a DPPA claim. ECF No. 80. … "We interpret statutory terms in accordance with their ordinary meaning, unless the statute clearly expresses an intention to the contrary." Id.

Barrett Business Services Inc v. Colmenero

District Court, E.D. Washington · Oct 19, 2022

qualify as 2 trade secrets.” … The same 9 evidence used to establish liability under Washington’s UTSA will also establish 10 liability under the DTSA. See, e.g., id. at 1178; Earthbound Corp. v. MiTek USA, 11 Inc., No.

Tri-State Memorial Hospital v. United States of America

District Court, E.D. Washington · May 28, 2026

This guidance clearly provides insight into how the ERC 5 should be interpreted and considered. Accordingly, the Court recognizes its 6 persuasiveness to this issue. … Plaintiff states to ensure compliance with this, Plaintiff was “(1) limited 13 and monitored its entrances; (2) established and implemented COVID-19 screening 14 procedures for all persons entering the Hospital; and

Collis v. Kijakazi

District Court, E.D. Washington · Feb 16, 2023

Zook were to qualify only as a “nonmedical source.” … Conclusion 11 Plaintiff establishes the ALJ reversibly erred. However, questions of fact 12 remain; the record does not clearly establish that Plaintiff is disabled.

Lasure v. McDonough

District Court, E.D. Washington · Dec 20, 2022

Regardless, the FTCA does not 8 waive sovereign immunity for these claims. 28 U.S.C. § 2680(h). As a result, 9 these claims are dismissed with prejudice. 10 III. … Plaintiff may submit an 14 amended complaint within sixty (60) days of the date of this Order which must 15 include sufficient facts to establish federal subject-matter jurisdiction and articulate 16 causes of action

Confederated Tribes of Colville Reservation v. Anderson

903 F. Supp. 2d 1187 · District Court, E.D. Washington · Jan 26, 2011

This was a traditional section 1983 suit for unlawful arrest, clearly distinguishable from our case. Id. at 516 n. 8. Here, state action was taken directly against Mr. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Washington Central Railroad v. National Mediation Board

830 F. Supp. 1343 · District Court, E.D. Washington · Jun 25, 1993

Id. at 306, 64 S.Ct. at 99 . general, the conduct of RLA section 2, Ninth investigations is 'considered to be within the NMB’s discretion and therefore immune from judicial interference. … The RLA clearly speaks to the employees’ selection of their representative.

Miller v. Howe Sound Min. Co.

77 F. Supp. 540 · District Court, E.D. Washington · May 11, 1948

A. § 1 et seq., in such a way as to change the status of freight forwarders and expressly granted them immunity from liability for past undercharges. … When it enacted the Portal-to-Portal Act, Congress was dealing with a subject matter, namely, the regulation of labor relationships affecting interstate commerce, which was clearly within its constitutional power.

United States v. Anderson

591 F. Supp. 1 · District Court, E.D. Washington · Aug 23, 1982

Clearly, this was an intentional act on the judge’s part based upon his analysis of all of the evidence and his review of the law. … Such qualifier should not be included, it is argued, because (Judge Neill did not qualify his de minimus ruling and) such language would be “misleading” and “ambiguous”. Id. at 4.

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.

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.

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

Equitable Trust Co. v. Washington-Idaho Water, Light & Power Co.

300 F. 601 · District Court, E.D. Washington · Jul 14, 1924

Codman and Morrow thereupon executed the bond provided in the order of appointment and qualified as joint receivers. … The waiving of objections as to the regularity of the proceedings in the case, which did not affect the cause of action itself, clearly Was within the power of Mr. Maguire to control.

State of Washington v. United States Department of Homeland Security

District Court, E.D. Washington · Oct 11, 2019

Id. at 125−26. 20 A reviewing court’s first inquiry under Chevron is whether Congress has 21 expressed its intent clearly and unambiguously in the statutory language at issue. 1 Brown & Williamson, 529 U.S … ” immigrants, and 9 Congress defined “qualified” to include lawful permanent residents and certain other 10 legal statuses.

Union Gospel Mission of Yakima Wash v. Ferguson

District Court, E.D. Washington · Sep 1, 2023

Id. 10 The Washington Supreme Court has previously found WLAD’s religious 11 exemption facially constitutional under article I, section 12’s privileges and 12 immunities clause of … “[C]ertain harms readily 11 qualify as concrete injuries under Article III.” Id. at 2204. These include “traditional 12 tangible harms, such as physical harms and monetary harms.” Id.

Vargas v. O'Malley

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

This burden is met once the claimant 8 establishes that physical or mental impairments prevent her from engaging in her 9 previous occupations. 20 C.F.R. § 404.1520(a). … applicability of 19 Listing 14.02A without further developing the record. 20 1 On the present record, Plaintiff has clearly

Leighty v. Spokane County

District Court, E.D. Washington · Jul 16, 2024

Id. at 878. 3 Mandatory injunctions are disfavored and require a higher showing that the “facts 4 and law clearly favor the moving party.” Garcia v. Google, 786 F.3d 733, 740 (9th 5 Cir. 2015). … almost never used qualifiers such as, “in my opinion,” when 15 commenting, some of his comments in whole or in part contained questions that 16 give a similar effect to a qualifying statement such as:

Barragan o/b/o AGB, a minor child v. Commissioner of Social Security

District Court, E.D. Washington · Mar 13, 2020

Required Case Evaluation: Plaintiff established consequential error. 7 Plaintiff argues the ALJ erred by failing to obtain a case evaluation … Wendy Eastman’s findings that AGB suffers chronic 5 daily headaches due to “anxiety related to academic stress” and “[s]he is clearly not 6