Case law

Homesite Insurance Company of the Midwest v. Howell

District Court, W.D. Washington · Dec 29, 2023

It must 11 now determine whether coverage is clearly not owed based on any other policy definitions or 12 exclusions. … It 11 has determined that the underlying lawsuit is not clearly excluded from coverage based on the 12 policies’ loss provisions or exclusions.

Edge v. City of Everett

District Court, W.D. Washington · Oct 19, 2022

The City has clearly met this reduced standard. … 3 The Court agrees with the City of Everett that Plaintiffs’ state law privileges and 4 immunities

Bailey v. City of Olympia Prosecutor

District Court, W.D. Washington · Jan 10, 2023

There is no evidence that Washington, its agencies, or officers have consented to such a 15 suit for damages and are, accordingly, immune from suits of this kind brought in federal courts.  16 Pittman v. … Plaintiff should clearly 3 comply with Rule 8 in any amended complaint.  He should plainly state what happened and 4 when, and identify what claim he intends to make as a result.

Simmers v. King County

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

immunity (see King Cty. 18 Dep. … established” at the time.

Melchizedek

District Court, W.D. Washington · Sep 11, 2026

For purposes of Section 2254(d)(1), “clearly 17 established Federal law” refers to “the holdings, as opposed to the dicta, of [the Supreme] Court’s 18 decisions.” White v. … The crux is simply “whether the state court’s application of clearly established federal 11 law was objectively unreasonable.”

Folden v. Washington State Department of Social & Health Services

744 F. Supp. 1507 · District Court, W.D. Washington · Apr 5, 1990

In the interests of a full resolution of the issues before this Court, the defendants voluntarily waived in writing their Eleventh Amendment immunity in the present suit. 5. … The evidence established that the rates prescribed by RCW Chapter 74.46 satisfy the Boren Amendment. 5 *1535 53.

Vargas Ramirez v. United States

93 F. Supp. 3d 1207 · District Court, W.D. Washington · Mar 23, 2015

Officer Leetz was unaware that Washington State drivers are not required to provide a Social Security number in order to qualify for a license. (Leetz Dep. at 8:17-22.) … To state a claim within the FTCA’s limited waiver of sovereign immunity, a plaintiff must allege a wrongful act by either (1) officers or employees of a federal agency, (2) “persons acting on behalf of a federal agency in

Day Island Yacht Club v. City of University Place

District Court, W.D. Washington · Aug 22, 2025

Whether a claim qualifies as a 4 “continuing trespass” turns on the “reasonable abatability of an intrusive 5 condition.” Id. at 1270. … established that “the damages could be abated only with 2 unreasonable hardship and expense.”

D.M. v. Seattle School District

170 F. Supp. 3d 1328 · District Court, W.D. Washington · Mar 21, 2016

The County of San Diego decision is clearly distinguishable from the case before this Court. … They did, however, raise issues and seek prospective relief clearly related to those future events.

Kirkham

District Court, W.D. Washington · Jun 17, 2026

22 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 23 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 24 who is immune … Plaintiff should avoid asserting overlapping claims, duplicative causes of action, or 19 alternative theories of liability that arise from the same alleged conduct unless he can clearly 20 explain the particular factual

Veniale

District Court, W.D. Washington · Nov 10, 2025

In the 9 Motion, Defendants state Plaintiff was charged with first degree assault on Defendant Rankin 10 “based on the conclusion that [Plaintiff] had clearly attempted to stab, and presumably kill, 11 [Defendant] Rankin … Defendants also assert Kent Police Department is an improper defendant and Defendants are 23 entitled to qualified immunity.

Walker v. ICMA-RC Services LLC

District Court, W.D. Washington · Sep 11, 2024

Denney was employed by the Public Utilities District No. 1 in Grays Harbor 22 County, he enrolled in two retirement accounts: a 401(k) qualified … Walker argues that because MissionSquare is a Plan 20 fiduciary as defined in the context of the Employee Retirement Income Security Act of 1974 21 (“ERISA”), it should have more clearly and comprehensively explained

Pierce v. NovaStar Mortgage, Inc.

489 F. Supp. 2d 1206 · District Court, W.D. Washington · May 30, 2007

The first two elements may be proved through direct evidence or may be established by a showing that the alleged act constitutes a per se unfair trade practice. … Since neither loan qualifies as a bona fide secondary market transaction, the Court need not consider this additional ground for requiring compliance with RESPA. c.

Smartwings AS v. The Boeing Company

District Court, W.D. Washington · Oct 11, 2022

Boeing characterizes these claims as mere complaints that Boeing did 8 not disclose “alleged ‘[product] defects’” and argues that the WPLA “establishes … The Court declines to revisit its ruling, and in any event finds that Smartwings brings 16 claims for misrepresentation that are not clearly

Jacobs v. Nationwide Insurance Company of America

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

Jacobs argue that the dispositive question is whether the Arena was 6 severable without injury to the land, that Nationwide bears the burden of establishing … Therefore, the Arena does not qualify as 22 personal property under the plain, ordinary, and common meaning of the term.

Walz v. Walmart Inc

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

They 13 contend that “Walz’s activities—making local deliveries of groceries and merchandise 14 purchased by local Washington residents from Washington-based Walmart stores— 15 clearly do not meet this threshold.” … Walz 10 accordingly fails to establish that his contract with Walmart is exempt from the FAA 11 under § 1.6 12 B.

Adams v. Lanum

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

As stated above, the Court finds Plaintiff has failed to 21 establish his federal claims and recommends dismissal of those claims with prejudice. … immunity on the § 1983 claims.

Churyumov v. United States Citizenship and Immigration Services

District Court, W.D. Washington · Nov 7, 2019

CAR 5-7. 18 While Churyumov clearly takes a different view of the evidence, it is not enough that 19 another adjudicator might have come to a different conclusion. Rijal v. … § 24 204.5(h)(5), as Churyumov argues, that error “clearly had no bearing” on either “the 25 procedure used or the substance of decision reached.”

White v. Sinclair

District Court, W.D. Washington · Jun 10, 2020

The Amended Complaint is difficult to understand and Plaintiff fails to clearly 13 allege the factual allegations explaining how his rights were violated and how each named 14 Defendant personally participated in the … The alleged failure to follow a prison policy does not establish a 11 federal constitutional violation. See Cousins v. Lockyer, 568 F.3d 1063, 1070 (9th Cir. 2009); 12 Manzanillo v. Jacquez, 555 F.

Bunger v. Unum Life Ins. Co. of Am.

299 F. Supp. 3d 1145 · District Court, W.D. Washington · Mar 22, 2018

Bunger's lower extremities and labs showed mild immune dysregulation. Id. Dr. Taggart suggested the ability to work remotely would mitigate some of Mr. Bunger's challenges in returning to work. Id. 14. … A court may exercise its discretion to consider evidence extrinsic to the administrative record when circumstances clearly establish the evidence is necessary to conduct an adequate de novo review. Id.