Case law

Dawn Dakisha Jackson v. MKRP LLC et al.

District Court, W.D. Washington · Nov 12, 2025

The party asserting jurisdiction has the burden of 3 establishing it. See United States v. Orr Water Ditch Co., 600 F.3d 1152, 1157 (9th Cir. 2010). 4 B. Ms. … Jackson chooses to file an amended complaint, she must clearly 15 identify the basis for this Court’s subject matter jurisdiction, the defendant(s), the claim(s) 16 asserted, the specific facts she believes support the

Smith v. Tacoma School District

District Court, W.D. Washington · Aug 3, 2020

Students with qualifying disabilities under 16 the IDEA qualify for special education services if support provided through the regular 17 school program is insufficient. L.J. by and through Hudson v. … “was meeting the social/emotional component that [she] 1 had qualified for” as determined by her IEP goals. AR 35.

Waldron v. Unum Life Insurance Company of America

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

Since it may be an inappropriate immune response 18 that underlies PACS, he may have experienced an inappropriate immune response to the mRNA 19 vaccine which is mimicking PACS. … Thus, Unum concludes, Waldron “has not met his burden of proving that he 12 would qualify for ongoing LTD benefits after November 2021 even if had met his initial burden 13 of proving that he was unable to perform

GOAT HILL HOMEOWNERS ASS'N, INC. v. King County

686 F. Supp. 2d 1130 · District Court, W.D. Washington · Jan 12, 2010

Consequently, the Hearing Examiner determined that a RUE qualifies as an application for an exception that is not to be considered under the zoning and land use control ordinances in effect on the date of complete application … Br. at 16), the procedural nature of this appeal places the burden of establishing a basis for reversal on Goat Hill. See RCW 36.70C.130(1).

Knight v. Brown

797 F. Supp. 2d 1107 · District Court, W.D. Washington · Jun 27, 2011

Prima Facie Case A plaintiff may establish a prima facie case of disparate treatment by showing (1) that he is a member of a protected class; (2) that he was qualified for his position and performing his job satisfactorily … Knight has met his burden to establish the first two elements. Mr.

Agne v. Papa John's International, Inc.

286 F.R.D. 559 · District Court, W.D. Washington · Nov 9, 2012

valid as a matter of law; (2) whether an established business relationship is a defense to sending text messages to a cellular phone without express consent under the TCPA; (3) whether OnTime4U’s system of transmission qualifies … Plaintiff has established predominance. 2.

Harvey v. Means

District Court, W.D. Washington · Jan 29, 2024

A grave risk to the respondent parent, however, does 13 not automatically qualify as grave risk to the children. … that such order would be 15 clearly inappropriate.” 22 U.S.C. § 9007(b)(3).

Financial Pacific Leasing Inc v. RVI America Insurance Co

District Court, W.D. Washington · Jul 3, 2023

Their Qualified Inspectors/Appraisers must then select 15 a third Qualified Inspector/Appraiser. Id. … The party seeking the 24 discovery has the burden of establishing that its requests are relevant.

Tabb

District Court, W.D. Washington · Jun 1, 2026

14 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 15 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 16 who is immune … These allegations appear to concern injuries unique to Plaintiff 11 Tabb and do not clearly involve questions of law or fact common to all plaintiffs.

Dixon

District Court, W.D. Washington · May 12, 2026

He asserts that the Plan treats “continued deferrals” as acceptance, 2 but because he was unaware of the Plan, his continued deferrals do not qualify as 3 “informed” or “voluntary” acceptance of the arbitration clause … The Court’s previous Order clearly concluded that MultiCare has already 20 3 Dixon purports to quote the Plan, but the Plan actually states

Hichino Uyeno v. Acheson

96 F. Supp. 510 · District Court, W.D. Washington · Mar 23, 1951

“To ‘expatriate’ oneself clearly implies voluntary action.” Dos Reis ex rel. Ca-mara v. Nicolls, 1947, 1 Cir., 161 F.2d 860, 868 . … It was a “final choice of an officer by the duly qualified electors.” Newberry v. United States, 1921, 256 U.S. 232, 250 , 41 S.Ct. 469, 472 , 65 L.Ed. 913 . And see, United States v.

Wilton v. Fithian

District Court, W.D. Washington · Dec 22, 2022

immunity. … If the nonmoving party fails to establish the 18 existence of a genuine issue of material fact, “the moving party is entitled to judgment as a 19 matter of law.”

Kirkham

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

19 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 20 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 21 who is immune … While Plaintiff allegedly understood Defendant 14 Remy’s statements as a threat and was deterred from pursuing that particular grievance, those 15 allegations do not plausibly establish that Defendant Remy’s intent in

Munywe v. Peters

District Court, W.D. Washington · Nov 24, 2021

“[A] plaintiff who seeks to head off Younger abstention 18 bears the burden of establishing that one of the exceptions applies.” Diamond “D” Const. … Establishing these allegations would necessarily invalidate plaintiff’s conviction. See, 22 e.g., Skinner v.

North v. State of Washington

District Court, W.D. Washington · Sep 24, 2025

North’s bona fide beliefs as to how the Holy Spirit guides her life and 5 whether that belief establishes a religious conflict.” … See Dkt. 27-3 at 3 (“My body contains a God-given natural immune 17 system that safely and effectively thwarts the invading pathogens we normally encounter in the 18 natural world.”); see id.

Umouyo v. Bank of America NA

District Court, W.D. Washington · Feb 1, 2023

July 13, 2007) (applying Noerr-Pennington immunity to a CPA claim). … And Claim 7 fails to establish that 17 Carrington and BANA owed a duty to Plaintiffs for their negligence claim.

Feast Foods, LLC v. Houston Casualty Company

District Court, W.D. Washington · May 22, 2026

Rather, they may be resolved by applying established principles of 13 insurance policy interpretation. Moreover, resolution of these issues turns on the specific 14 language of the Policy in this case. … Feast Foods is correct in that the EPOA “was clearly drafted to combat a 7 discriminatory practice.” Round One, 2026 WL 1078205, at *4.

Akil v. Freedom Mortgage Corporation

District Court, W.D. Washington · Apr 11, 2025

Though 13 attorneys’ fees incurred in bringing a CPA claim do not qualify as a compensable injury, 14 expenses incurred to investigate a CPA claim may qualify if they are “beyond the expenses of 15 litigating her … These investigatory costs also qualify as injuries under the CPA.

Morisath v. Smith

988 F. Supp. 1333 · District Court, W.D. Washington · Dec 24, 1997

Morisath was released from jail, the Immigration and Naturalization Service (the “INS”) established bond in the amount of $10,000. Mr. Mori-sath posted a bond and was released from custody. … INS, 90 F.3d 396 (9th Cir.1996) (noting that while AEDPA § 440(a) rendered petitioner’s final order of deportation immune to direct attack, the issue remained open as to whether § 440(a) precluded collateral habeas review

Luxor Technology Corporation v. Giga Energy, Inc. and Aaron Foster

District Court, W.D. Washington · Feb 25, 2026

An assemblage of the names of Plaintiff’s customers certainly 16 qualifies under such a broad definition. … And nothing in either the Hansen Declaration or 14 Plaintiff’s motion clearly asserts—with or without evidentiary support—that the secrecy of the 15 identity of Plaintiff’s customers was, in and of itself, valuable.