Case law

United States v. Rhody Dairy, L.L.C.

812 F. Supp. 2d 1239 · District Court, W.D. Washington · Jul 14, 2011

In fact, Geborde goes on to explain that defendants in previous cases have been held to violate § 331(k) where the cases “clearly involve commercial transactions, commercial actors, and commercial products.” Id. … Defendants do not qualify for any of the above noted exceptions. Defendants have not presented this Court with evidence of prescription records that indicate that they had valid prescriptions for the extra-label uses.

Lakehurst Condominium Owners Ass'n v. State Farm Fire & Casualty Co.

486 F. Supp. 2d 1205 · District Court, W.D. Washington · May 1, 2007

Both insurers hired qualified experts, and the experts conducted extensive inspections of the subject property. … Huston clearly state that they used both the imminent risk of collapse and the substantial impairment standards.

Doe v. Microsoft Corporation

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

Such notice, the 22 court concluded, was too generalized to establish consent. Id. … The Court rejects this argument in 24 light of “clearly established circuit practice allowing plaintiffs to plead in the alternative at the earliest stages of litigation.” Haas v. Travelex Ins. Servs. Inc., 555 F.

Hartford v. Ferguson

District Court, W.D. Washington · Jun 13, 2023

Hartford “intends to continue purchasing semiautomatic rifles which qualify as assault 7 weapons,” but due to HB 1240 has “been forced to abandon these plans to avoid facing 8 prosecution.” Id. … “The custom or policy must be a deliberate choice to 13 follow a course of action . . . made from among various alternatives by the official or officials 14 responsible for establishing final policy with respect to the

Krabach v. King County

District Court, W.D. Washington · Jun 12, 2023

Amendment (as Plaintiff alleges) does not turn on the legal advice provided by counsel. 4 Likewise, whether Director Wise is entitled to qualified … immunity does not depend on the 5 legal advice she was provided.

Morganstern

District Court, W.D. Washington · Aug 10, 2026

Gulbranson is not a “qualified witness,” who can establish these 4 necessary facts, any attempt to assert the exception as to any of the exhibits fails. 5 b. … But the Court has found here that Plaintiff has not established its burden for the 15 WCAA claim.

Smith v. Pick-N-Pull

District Court, W.D. Washington · Dec 16, 2020

Here, although plaintiff qualifies financially to proceed IFP, her proposed complaint 22 fails to state a claim upon which relief can be granted, as discussed herein. … Plaintiff has filed multiple proposed 2 complaints on different court forms, but none of them clearly and plainly states her specific 3 claims against each employer and how she has alleged facts establishing the elements

Vincent v. Stewart

District Court, W.D. Washington · Jan 2, 2020

Id., at 5. 6 All of plaintiff’s claims for damages have been dismissed under qualified 7 immunity doctrine. Vincent v. Stewart, 757 Fed.Appx. 578 (9th Cir. 2018). … immunity.

Granger v. Federal Bureau of Investigations

District Court, W.D. Washington · Jan 21, 2025

the plaintiff is proceeding IFP “at any time” if it 20 determines that the complaint is frivolous, fails to state a claim on which relief may be granted, or 21 seeks monetary relief against a defendant who is immune … They must also clearly identify the basis for venue in 12 the Western District of Washington. See 28 U.S.C. § 1391(b); see also, e.g., Adeyinka v.

McKoby

District Court, W.D. Washington · Oct 28, 2025

extent it is frivolous, 24 1 malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a 2 defendant immune … Although not clearly identified in the complaint, 3 his claim most closely resembles a claim for disability discrimination in a place of public 4

Northwest Administrators Inc v. Columbia Ford Hyundai Inc

District Court, W.D. Washington · May 12, 2020

at issue did not qualify for benefits 13 under the CBA. … For 8 the same reasons as its bilateral contract argument, Defendant’s state law contractual claim is 9 preempted by ERISA: it clearly “relates to” an employee benefit plan and purports to regulate 10 the relationship

Lopez v. Clallam County

District Court, W.D. Washington · Nov 30, 2022

12 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 13 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 14 who is immune … A municipality 11 qualifies as a “person” who may be held liable under § 1983. See Monell v. Dep’t of Soc.

Cutting v. Yoke Industrial Corp

District Court, W.D. Washington · Nov 4, 2022

Dkt. 71 at 7. 11 The R&R further concluded that Bauer is not qualified to render an opinion on any 12 ultimate issue of law. Id. … If the 7 nonmoving party fails to establish the existence of a genuine issue of material fact, “the 8 moving party is entitled to judgment as a matter of law.”

Rosa v. City of Issaquah

District Court, W.D. Washington · Sep 15, 2025

The Court further FINDS that this expertise 19 qualifies Dr. … This is clearly consistent with the types of sources 13 typically relied on by medical professionals. Though Defendant provides extensive case law on 14 medical expert testimony in its response (see Dkt.

Smugglers Cove LLC v. Aspen Power Catamarans LLC

District Court, W.D. Washington · Feb 14, 2020

In Washington, a prima facie case of 7 breach of bailment is established “when the bailor shows non-return, loss, damage or destruction 8 to bailed property.” Chaloupka v. Cyr, 63 Wash. 2d 463, 466 (1963). … vessels, when in fact it was not 9 well-qualified due to its lack of insurance coverage.”

United States v. Cohen

222 F.R.D. 652 · District Court, W.D. Washington · May 6, 2004

Since IRC § 7408 expressly provides for an injunction, the traditional guidelines for equitable relief do not have to be established for an injunction to issue. United States v. … This qualifies as a “material matter” for purposes of IRC § 6701. See United States v. Smith, 657 F.Supp. 646, 655 (W.D.La.1986).

Smith v. NaphCare Inc

District Court, W.D. Washington · Jul 28, 2022

On January 24, 2019, 2 she again saw a mental health professional where she was observed as “clearly disorganized in 3 her thoughts with delusional content.” (Id.) … Plaintiffs Fail to Allege Jeana Rogers Had a Qualifying Disability 4 An individual has a qualifying disability under the ADA if the individual: (1) has a 5 physical or mental impairment that substantially limits

Rosa v. City of Issaquah

District Court, W.D. Washington · Sep 25, 2025

Dixson may possess natural immunity and . . . consider[ed] 5 this aspect as part of her accommodation.” Dkt. No. 24 at 19. … While Plaintiff’s expert offers 6 opinions related to post-infection immunity, called “natural immunity” in some of the studies he 7 cites, this type of immunity would not have been a relevant consideration for Plaintiff

SMART-TD Local 161 v. WeDriveU Inc

District Court, W.D. Washington · Aug 12, 2021

In Leeson, the question before the Court 23 was whether the plaintiff qualified as a “plan participant” under § 1132. Id. at 978. … This 9 matter is therefore clearly distinguishable from Leeson because there is no colorable 10 claim that Plaintiff is a plan participant with standing to sue.

Stephenson v. Kitsap County

District Court, W.D. Washington · Oct 16, 2020

Here, although plaintiff qualifies financially to proceed IFP, his proposed complaint 22 fails to state a claim upon which relief can be granted, as discussed herein. … Plaintiff may also establish municipal liability by demonstrating that the 9 alleged constitutional violation was caused by a failure to train municipal employees adequately. 10 See City of Canton, Ohio v.