Case law

Erickson v. Huber

District Court, E.D. Washington · Jul 30, 2022

First, 14 Plaintiff does not allege sufficient factual allegations to establish the existence of 15 an enterprise. … Mar. 17, 20 2020). 1 Further, it is unclear whether Plaintiff is a qualified individual under the 2 ADA.

Busey v. Richland School District

172 F. Supp. 3d 1167 · District Court, E.D. Washington · Mar 23, 2016

A cause of action pursuant to section 1983 may be maintained “against any person .acting under color of law who deprives another ‘of any rights, privileges, or immunities secured by the Constitution and laws’ of the United … To qualify as a “bona fide” dispute, it must be “fairly debatable” as to whether an employment relationship exists or whether the wages must be paid. Schilling, 136 Wash.2d at 161 , 961 P.2d 371 .

Oregon Tool Inc v. IronCraft LLC

District Court, E.D. Washington · Aug 23, 2023

Much of this evidence is strongly contested, and the 18 Court declines to find that Oregon Tool has clearly shown that the acts alleged are 19 the result of misappropriation. Perlot, 609 F. … Irreparable Harm 16 “[I]ntangible injuries, such as damage to ongoing recruitment efforts and 17 goodwill, qualify as irreparable harm.” Cutera, Inc. v.

Herrera v. Singh

103 F. Supp. 2d 1244 · District Court, E.D. Washington · Jun 13, 2000

The jury found that Defendant did not qualify for the family business exemption to the AWPA, and that the Defendant committed nine of the ten AWPA violations alleged. … Nonetheless, it is firmly established that a court’s implied authority to sanction a party’s conduct exists. Id. at 44 , 111 S.Ct. 2123 .

In Re Washington State Apple Advertising Commission

257 F. Supp. 2d 1274 · District Court, E.D. Washington · Mar 14, 2003

Id. at 473 , 117 S.Ct. 2130 . 6 The Court applied that test, finding it “clearly satisfied in this case because (1) the generic advertising of California peaches and nectarines is unquestionably germane to the purposes of … Glickman thus established that, at least in that factual setting, the assessments were not speech restrictions, but were, instead, economic regulations.

Olson v. Kijakazi

District Court, E.D. Washington · Mar 29, 2023

Colvin, it is doubtful that “epidural 6 steroid shots to the neck and lower back qualify as ‘conservative’ medical 7 treatment.”62 Not only did Plaintiff have steroid injections, it was also 8 recommended … Conclusion 7 Plaintiff establishes the ALJ erred.

Kane v. Mednax Services Inc

District Court, E.D. Washington · Nov 7, 2022

While a plaintiff need not establish a probability of success on the 19 merits, he or she must demonstrate “more than a sheer possibility that a defendant 20 has acted unlawfully.” … However, the arbitration 5 clause clearly states, “Employee shall be liable to Employer for all costs and 6 attorney’s fees incurred by Employer in compelling arbitration.”

Priest v. Holbrook

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

Defendants have moved for summary judgment and 2 assert qualified immunity. … Priest has not presented evidence to establish an essential 2 element of his Section 1983 claims, causation Therefore, Mr.

Brooks Jr v. Ballard

District Court, E.D. Washington · May 30, 2024

Chase Manhattan Bank, 465 F.3d 992, 997 (9th Cir. 2006)). 6 Under Section 1983, civil liability flows from a person acting under color of 7 state law to deprive a plaintiff “of any rights, privileges, or immunities … To state a claim of disability 9 discrimination under Title II, a plaintiff must allege four elements: (1) he “is an 10 individual with a disability;” (2) he “is otherwise qualified to participate in or 11 receive

Swanson v. Commissioner of Social Security

District Court, E.D. Washington · Mar 16, 2020

If the impairment meets or equals one of the listed impairments, 8 the claimant is per se disabled and qualifies for benefits. Id. … The claimant has the burden of establishing that he or 1 she has a severe impairment. 20 C.F.R. § 404.1512(a).

West v. Bisignano

District Court, E.D. Washington · Sep 10, 2025

the medical consultant determines 7 that such procedure will not involve significant risk to Plaintiff.66 8 Furthermore, at the next hearing, the ALJ is obtain testimony 9 from medical source(s) qualified … Conclusion 4 Plaintiff establishes the ALJ erred.

Brain v. O'Malley

District Court, E.D. Washington · Aug 14, 2024

Medical Opinions: Plaintiff establishes consequential error. 8 Plaintiff argues the ALJ failed to properly evaluate several of the medical 9 opinions. … Conclusion 6 Plaintiff establishes the ALJ erred and that further proceedings on remand 7 necessary.

Andrews v. Commissioner of Social Security

District Court, E.D. Washington · Aug 18, 2020

In effect the ALJ’s 12 ‘findings constitute a medical judgment the ALJ was not qualified to make.’”); 13 Maria R. v. … “Thus, applying 13 our normal standard of review to the requirements of step two, [the Court] must 14 determine whether the ALJ had substantial evidence to find that the medical 15 evidence clearly established that

White v. Becerra

District Court, E.D. Washington · Oct 28, 2024

White’s argument that a copy of 2 the actual guilty plea is necessary to establish the undisputed facts of the Order. It 3 also noted that Dr. … White’s argument that the timing of the revocation action by 14 CMS was clearly retaliatory and intended to apply pressure on Dr.

Groves v. Haynes

District Court, E.D. Washington · May 21, 2021

“[A]n unreasonable application of” 18 clearly established federal law is one that is “objectively unreasonable, not merely 19 wrong; even clear error will not suffice.” … established precedent.

Puccini v. Bisignano

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

As is explained below, Plaintiff has 6 not established any consequential error. … frequent migraines, and added that she suffered sleep 2 apnea that also caused headaches, fatigue, impaired memory, and poor 3 immune

R W v. Columbia Basin College

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

ECF No. 115. 11 On March 31, 2021, the Ninth Circuit reversed the denial of qualified 12 immunity for Mr. Reagan and Dr. … Thornton, finding that Plaintiff had not 13 demonstrated that his “right to return to campus without [CBC’s] safety conditions 14 was ‘clearly established.’” ECF No. 121; see also R.W. v.

Rhoads v. Kijakazi

District Court, E.D. Washington · Mar 20, 2023

national economy, the claimant will be found disabled. 20 3 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). 4 “A finding of ‘disabled’ under the five-step inquiry does not automatically 5 qualify … eligibility for Child Disability 5 Benefits,2 it is within the claimed period of disability, and thus would be relevant 6 to determining whether Plaintiff continued to qualify for CDB benefits, were she 7 found eligible

In Re Hanford Nuclear Reservation Litigation

780 F. Supp. 1551 · District Court, E.D. Washington · Oct 31, 1991

In reaching its decision that such costs did qualify as response costs, the Brewer court reasoned as follows: CERCLA’s legislative history clearly indicates that medical expenses incurred in the treatment of personal injuries … In *1570 addition, while § 2210(n)(2) clearly does not confer exclusive jurisdiction on the federal courts (though, in view of its liberal citizenship and removal provisions, it comes close), it would seem contrary to its

Schill v. O'Malley

District Court, E.D. Washington · Apr 9, 2024

There is nothing in the record which would 3 indicate that the ALJ was qualified to do so. 4 5. … Conclusion 2 Plaintiff establishes the ALJ erred.