Case law

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  • Union Pacific Railroad Company v. Feek

    District Court, W.D. Washington · Mar 28, 2024

    Passed 4 in 2017, the law established a statewide insurance program—funded by premiums 5 charged against employee wages—to provide paid leave to Washington workers. … The burden of establishing subject matter 24 jurisdiction rests upon the party seeking to invoke federal jurisdiction. Id.

    Cited 0 timesUnknown
  • Faith Int'l Adoptions v. Pompeo

    345 F. Supp. 3d 1314 · District Court, W.D. Washington · Oct 30, 2018

    That email clearly describes COA's practice of granting deferrals extending the review process past an agency's accreditation expiration date. Id. … If State's March 30 emails do amount to an interpretive shift, they clearly have legal consequences for Faith.

    Cited 1 timesPublished
  • Escobar v. Baker

    814 F. Supp. 1491 · District Court, W.D. Washington · Feb 24, 1993

    Since the AWPA and FLCA require only that the alleged contractor perform any one of the enumerated activities to qualify as a farm labor contractor, it is sufficient for purposes of both statutes that Soto transported the … It is well established that under certain circumstances a worker’s salary may constitute a "fee” for purposes of the AWPA. See, e.g., Montelongo v.

    Cited 13 timesPublished
  • Johnson v. Allstate Insurance

    845 F. Supp. 2d 1170 · District Court, W.D. Washington · Jan 10, 2012

    The notice pleading standard set forth in Rule 8 establishes “a powerful presumption against rejecting pleadings for failure to state a claim.” Gilligan, 108 F.3d at 248 (citations omitted). … C (Endorsement, at 5), and clearly incorporates the entirety of "Section I, Coverage C,” including the water, wave, earth movement, and "weather conditions” exclusions. .

    Cited 0 timesPublished
  • Krabach v. King County

    District Court, W.D. Washington · Oct 25, 2023

    The plaintiff bears the burden to establish the 24 court’s jurisdiction.2 Chandler v. State Farm Mut. Auto. Ins. … highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or 25 of equal privileges and immunities

    Cited 0 timesUnknown
  • Koho v. Forest Laboratories, Inc.

    17 F. Supp. 3d 1109 · District Court, W.D. Washington · Apr 30, 2014

    If the nonmoving party fails to establish a genuine issue of material fact, the moving party is entitled to summary judgment. Id. … This language clearly includes decedent Ilich among those who should be closely observed during the initial treatment phase.

    Cited 13 timesPublished
  • Battle v. City of Seattle

    89 F. Supp. 3d 1092 · District Court, W.D. Washington · Feb 24, 2015

    In another case, the court might be forced to decide whether the Street Use Ordinance’s broad scope, which sweeps in much conduct that is categorically not expressive, makes its permit requirement immune to a facial challenge … The Ordinance attempts to dispel any confusion about its use of the words "may” and "shall”: Unless the context clearly indicates otherwise, the word “may” or “is authorized to” *1102 means that the City or its official has

    Cited 1 timesPublished
  • Studio 010 Inc v. Digital Cashflow LLC

    District Court, W.D. Washington · May 20, 2024

    But 3 Right-Price did not address the commercial disparagement claim independently, instead holding 4 generally that the defendants “failed to establish a prima facie case of defamation” and “were 5 entitled to immunity … June 15, 2009) (“the Court [i]s not obligated to search for legal theories 20 not clearly laid out in Plaintiff’s . . . amended complaint”).

    Cited 0 timesUnknown
  • Tinner v. San Juan County

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

    Thus, dismissal on the pleadings is proper 12 only if “the movant clearly establishes that no material issue of fact remains to be resolved and 13 that he is entitled to judgment as a matter of law.” McGlinchy v. … See McGlinchy, 845 F.2d at 810 (noting that dismissal on the pleadings is proper only if “the movant clearly establishes 23 that no material issue of fact remains to be resolved and that he is entitled to judgment as

    Cited 0 timesUnknown
  • Lanuza v. Love

    District Court, W.D. Washington · Oct 29, 2019

    established law. … [T]here is no justification for exempting the 10 . . □□ United States government from Rule 11 on the ground of sovereign immunity.”).

    Cited 0 timesUnknown
  • Watkins

    District Court, W.D. Washington · Feb 9, 2026

    A plaintiff can establish a prima facie case of religious 14 discrimination under Title VII by demonstrating that: “(1) [s]he is a member of a protected class; 15 (2) [s]he was qualified for h[er] position; (3) [s]he … that her resignation qualified as a fitting 14 response.”

    Cited 0 timesUnknown
  • Yomi v. Carlos del Toro

    District Court, W.D. Washington · Nov 26, 2024

    He again insisted that he was 3 qualified for a GS-09 position and thus should have been selected. Id. … Seafoods Co., 413 F.3d 1090, 1095 (9th Cir. 2005) (cleaned up). 7 It “typically consists of clearly sexist, racist, or similarly discriminatory

    Cited 0 timesUnknown
  • Stewart v. Extra Space Storage

    District Court, W.D. Washington · Jun 13, 2025

    . 21 3 RCW 15.140.060 authorizes the Department of Agriculture to issue hemp producer licenses to qualified … This 13 single incident does not establish any such municipal policy. 14 Except for the defense of qualified immunity, Stewart may have had a valid Fourth 15 Amendment claim against Sergeant Smith

    Cited 0 timesUnknown
  • Becker v. Tig Insurance Company

    District Court, W.D. Washington · Aug 17, 2022

    The work product 5 doctrine, by contrast, is a procedural immunity and is therefore governed by the Federal Rules of 6 Civil Procedure. See Union Pacific R. Co. v. … Id. 20 “To qualify for work-product protection, documents must: (1) be ‘prepared in 21 anticipation of litigation or for trial’ and (2) be prepared ‘by or for another party or by or for that 22 other party’s representative

    Cited 0 timesUnknown
  • Dime v. Metropolitan Life Insurance Company

    District Court, W.D. Washington · Jan 29, 2025

    The review is limited to the evidence before the plan 14 administrator except “when circumstances clearly establish that additional evidence is necessary 15 to conduct an adequate de novo review.” Mongeluzo v. … Three years is more than 24 enough time to establish a close relationship.

    Cited 0 timesUnknown
  • Edmonds v. Getty

    524 F. Supp. 2d 1267 · District Court, W.D. Washington · Dec 5, 2007

    However, the Special Committee has concluded that the evidence does not establish that there was any intentional wrongdoing in connection with those awards. … Again, Getty Images fails to clearly and cogently explain or demon *1275 strate how this adversely affected the analysis.

    Cited 4 timesPublished
  • Glasper

    District Court, W.D. Washington · Apr 16, 2026

    These amendments will clarify what qualifies as the “soliciting” of a sale and 9 “public education”. 10 Dkt. No. 33 at 5. … legal advice fair game for disclosure”; especially where the government does not “rely 5 on the privileged contents of the [communication at issue] to justify its actions or policies,” 6 requiring disclosure “would clearly

    Cited 0 timesUnknown
  • King County v. Travelers Indemnity Co.

    234 F. Supp. 3d 1074 · District Court, W.D. Washington · Feb 10, 2017

    EPA later established the East Waterway Sediments operable unit (EW-OU10) of the Harbor Island Superfund Site. … However, “agency action must be adversarial or coercive in nature in order to qualify as the functional equivalent of a ‘suit.’ ” Id.

    Cited 0 timesPublished
  • McDowell v. Unknown Federal Agent

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

    17 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 18 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 19 who is immune … Williams, 490 U.S. 319, 327 (1989) (claims properly dismissed as 13 frivolous under the PLRA are “those claims whose factual contentions are clearly baseless” and 14 “claims describing fantastic or delusional scenarios

    Cited 0 timesUnknown
  • Gossett v. Pierce County

    District Court, W.D. Washington · Jun 9, 2020

    Third, that Deputy Petershagen 5 is entitled to qualified immunity from Plaintiff’s claims. Finally, that Plaintiff has not stated a 6 negligence claim against Defendant Pierce County. … Pipes, 799 F.2d 489, 492 (9th Cir. 1986), amended, 2 807 F.2d 1514 (9th Cir. 1987)). 3 “Once service is challenged, [a] plaintiff[ ] bear[s] the burden of establishing that

    Cited 0 timesUnknown

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