Case law

Kollar v. Sun Life Assurance Company of Canada

District Court, W.D. Washington · Dec 16, 2019

establish 22 that additional evidence is necessary to conduct an adequate de novo review of the benefit 23 decision. … Sun Life acknowledged that it was 18 “possible” that Kollar would qualify for benefits “if proof of Total Disability was provided 19 following [Kollar’s] work shift and before 11:59:59.”

Maverick Gaming LLC v. United States of America

District Court, W.D. Washington · Sep 29, 2022

United States v. 12 City of Los Angeles, Cal., 288 F.3d 391, 403 (9th Cir. 2002) (internal quotations omitted).3 13 Because the Tribe timely moved to intervene and its defense that it is an immune, indispensable 14 … Therefore, the fact that Plaintiff moved for summary judgment 8 before the Court suspended the briefing schedule does not alter the Court’s analysis. 9 Plaintiff also fails to establish prejudice.

Mayanja

District Court, W.D. Washington · Apr 28, 2026

Mayanja’s motion after concluding that he had failed to establish, as a matter of law, 16 that (1) Ms. … Roberts’s prosecutorial immunity.

McDonald v. Molina Health Care Inc

District Court, W.D. Washington · Jan 6, 2022

To establish a prima facie claim of disability 9 discrimination, Plaintiff prove that (1) he is a disabled person within the meaning of the ADA (2) he 10 is a qualified individual with a disability, and (3) he suffered … (Id. at 6.) 20 The parties do not dispute that Plaintiff was both disabled and qualified for the care 21 review clinician job.

Skeens v. Astrue

903 F. Supp. 2d 1200 · District Court, W.D. Washington · Oct 9, 2012

Heilbrunn’s opinions in this respect, and therefore no error has been established. *1207 Dr. Brown’s Opinions The ALJ described the opinions of Dr. … As a final comment on the ALJ’s credibility analysis, the Court notes that the Plaintiff has not identified any particular testimony that he contends was either erroneously rejected or clearly establishes disability; indeed

Kolebuck-Utz v. Whitepages Inc

District Court, W.D. Washington · Apr 22, 2021

Constitution and Article 1, § 11 of the Ohio Constitution, and (c) was 13 immunized by the Communications Decency Act (“CDA”). (Dkt. No. 12 at 2–10.) 14 II. … This is sufficient to establish commercial value 6 as a matter of law.

Stuart Robinson v. St Francis Hospital

District Court, W.D. Washington · Jun 3, 2024

Francis Hospital, is a private (i.e., non-governmental) 15 entity.1 To establish that a private party’s actions amount to state action, a plaintiff must satisfy at 16 least one of four tests: (1) the public function … Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). 13 For that reason, any amended complaint must clearly identify the defendant(s), the claim(s) 14 asserted, the specific facts that Ms.

Rapp v. NaphCare Inc

District Court, W.D. Washington · Apr 2, 2025

20 immunity. … The Court does not undertake a full analysis of the issue here, but observes that the 21 cases discussed in the Order—which clearly establish a right to be free from deliberate 22

Frick v. U.S. Bancorp

98 F. Supp. 2d 1202 · District Court, W.D. Washington · Jun 15, 2000

To establish that a serious conflict exists, “the beneficiary has the burden to come forward with ‘material, probative evidence, beyond the mere fact of the apparent conflict, tending to show that the fiduciary’s self-interest … Clearly, it is the loss of opportunity to earn incentive pay, that is at issue here.

Li v. Amazon.com Services LLC

District Court, W.D. Washington · Sep 27, 2024

as 10 safe or efficacious under the established protocol for drugs, nor are they subject to FDA review 11 and approval.” … To establish statutory standing under the UCL and FAL a plaintiff must “(1) 16 establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., 17 economic injury, and (2) show that

Barkhurst v. Sundstrom

District Court, W.D. Washington · Nov 18, 2021

Qualified immunity 2 is not at issue in this motion. 3 II. DISCUSSION 4 A. … “It is well 7 established that in some areas, article I, section 7 provides greater protection than its federal 8 counterpart—the Fourth Amendment.” York v. Wahkiakum Sch. Dist.

Doe v. Bostock

District Court, W.D. Washington · Jun 6, 2024

Mandatory injunctions are “particularly disfavored,” and the “district court should 21 deny such relief ‘unless the facts and law clearly favor the moving party.’” … Because the only “discrimination” Petitioner identifies 2 is the failure “to receive effective treatment for her chronic PTSD and symptoms of 3 suicidal ideation” (TRO Mot. at 19), Petitioner fails to establish that

Bilbeisi v. Safeway

District Court, W.D. Washington · Jun 7, 2023

To do 20 so, he must establish that (1) he belongs to a protected class; (2) he was qualified for the 21 position; (3) he experienced an adverse employment action; and (4) similarly situated individuals 22 outside his … And there is a qualified privilege for intracorporate 22 communications, which are not “published” for purposes of defamation. Doe v.

Robinson v. Bailey

District Court, W.D. Washington · May 14, 2021

Weisman, 803 F.2d 500, 504 (9th Cir. 1986)). 5 Judgment on the pleadings under Federal Rule of Civil Procedure 12(c) “is proper when 6 the moving party clearly establishes on the face of the … litigation, Defendant Gibson cannot show that he in fact, made a complaint or 8 submitted a sworn statement to any governmental agency which led to Plaintiff’s arrest and 9 prosecution, and for which he is entitled to immunity

Barkhurst v. Sundstrom

District Court, W.D. Washington · Nov 18, 2021

Qualified immunity 2 is not at issue in this motion. 3 II. DISCUSSION 4 A. … “It is well 7 established that in some areas, article I, section 7 provides greater protection than its federal 8 counterpart—the Fourth Amendment.” York v. Wahkiakum Sch. Dist.

Flenaugh

District Court, W.D. Washington · Sep 4, 2026

A complaint needs to clearly set forth the “who, what, where, when, and why” 7 necessary for the Court to understand what a plaintiff is alleging. See Fed. R. Civ. P. 8(a); Ashcroft 8 v. … While the Court construes Flenaugh’s complaint liberally, 12 there is nothing in the complaint establishing a cognizable legal theory for which relief may be 13 granted. Shroyer, 622 F.3d at 1041.

Wallace v. Pierce County Sheriff's Department

District Court, W.D. Washington · Nov 12, 2019

At 6 most, these allegations establish Plaintiff’s disagreement with the decision not to x-ray his leg or 7 offer a new splint. … Plaintiff’s disagreement with the course of medical treatment is insufficient to 8 establish deliberate indifference.

United States v. Funds From First Regional Bank Account XXXXX1859 Held in the Name of R K Co.

639 F. Supp. 2d 1203 · District Court, W.D. Washington · Mar 11, 2009

RK’s narrow interpretation of “contraband cigarettes” is contrary to established Ninth Circuit precedent and the applicable statutes and regulations. … Global has not established innocent owner status under 18 U.S.C. § 983 (d)(3). 3.

City of Seattle v. Monsanto Company

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

The proponent of expert testimony has the burden of establishing that 5 the admissibility requirements are met by a preponderance of the evidence. Id. at 592 n.10; see 6 also Lust v. … Such practices clearly 21 fit within the definition of “appraisal.”

Levias v. Pacific Maritime Ass'n

760 F. Supp. 2d 1036 · District Court, W.D. Washington · Jan 7, 2011

Although the FLSA does not clearly define what types of activity qualify as “hours worked,” the Supreme Court has decided several cases in which it elaborated on the types of activities that are compensable work under the … That is clearly not the case here.