Case law

Institute for Free Speech v. Jarrett

District Court, W.D. Washington · Feb 7, 2022

Defendants counter that IFS’s vague 21 assertions are insufficient to establish Article III standing. … Such “some day” intentions do not qualify as a “concrete plan”. Id.; see 8 also San Diego County Gun Rights Comm. v.

Mendy v. Larson

District Court, W.D. Washington · Jun 14, 2024

See id. 13 Additionally, in the Western District of Washington, parties moving to seal documents 14 must comply with the procedures established by Local Civil Rule 5(g). … As the Court found in its order denying ASP’s summary 5 judgment, the language in that provision did not clearly allocate Northwest’s pre-November 24, 6 2020 liabilities to the Bargers. See Dkt. No. 121 at 9–10.

Sanchez v. Duke

District Court, W.D. Washington · Aug 13, 2019

Plaintiff’s related claim for 4 denial of due process in violation of 42 U.S.C. § 1983 also fails to state a claim. 5 Defendant asserts that plaintiff’s § 1983 claim is barred by sovereign immunity, citing 6 Jachetta … Discrete acts, however, such as termination, 14 suspension, failure to promote, and denial of transfer, cannot qualify as “related acts,” 15 and cannot be cobbled together and/or with non-discrete acts to allege that

Rachauskas v. Clark County

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

17 complaint, or any portion of the complaint, if the complaint[:] (1) is frivolous, malicious, or fails 18 to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 19 who is immune … This vague allegation that policies 16 could have been better fails to establish any actionable conduct.

United States v. Bayley

District Court, W.D. Washington · Apr 26, 2023

Bayley and Big D’s 10 qualifies as persons. A trustee is an individual even when acting as a trustee. Thus, Mr. Bayley 11 acting as trustee of Frihet Trust qualifies as a person under the CWA. … Id. 16 Third, Defendants used pieces of equipment that qualify as point sources.

M.D. v. Reykdal

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

Under that rubric, the HS+ and GED programs “can 14 be offered free of charge if the student asks for and qualifies for a waiver.” Id. at 22; id. at 27 15 (“Many students qualify for waivers” of the $25 tuition). … Thus, providing tuition waivers to qualifying individuals 13 does not render HS+ or GED programs “free” to the public.

United States of America, Ex rel. Raju A.T. Dahlstrom v. Sauk-Suiattle Indian Tribe of Washington

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

Morlock did not satisfy an apparent 21 85-percent threshold for patient care and management, which he avers is needed to 22 qualify for LRP. (See id. at 153:17-156:10.) Mr. … Dahlstrom if his action “was clearly frivolous, clearly vexatious, or brought primarily 12 for the purposes of harassment.”

Port of Bellingham v. Bornstein Seafoods Inc

District Court, W.D. Washington · May 4, 2021

Thus, the defendant has the burden of establishing that 16 removal is proper. See Kroske v. U.S. … Rather, the 18 court must determine whether the defendant’s arguments supporting removal were 19 “clearly foreclosed.”

Lumpkins v. Bennett

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

No. 11 at 6. 13 Judge Christel found the state court’s adjudication of grounds one, two, and 14 three was not contrary to, nor an unreasonable application of, clearly established 15 federal … 2 established federal law.”

Financial Pacific Leasing Inc v. RVI America Insurance Co

District Court, W.D. Washington · Sep 30, 2025

Their Qualified Inspectors/Appraisers must then 11 select a third Qualified Inspector/Appraiser. Id. … Nat’l Wildlife Fed’n, 497 U.S. 871, 888 (1990). 18 To establish that a fact cannot be genuinely disputed, the movant can either cite the record 19 or show “that the materials cited do not establish the . . . presence

Mehta v. United States Department of State

186 F. Supp. 3d 1146 · District Court, W.D. Washington · May 16, 2016

The DOL is asked to certify that: (1) there are insufficient U.S. workers able, willing, qualified, and available for the particular job; and (2) employment of the individual will not adversely affect the wages and working … The approved labor certification establishes, among other things, the wage that the employer must pay the worker. See 8 U.S.C. § 1182 (p); 20 C.F.R. § 656.40 .

Burrows v. 3M Company

District Court, W.D. Washington · Aug 12, 2022

When an expert meets the threshold established by Federal 1 Rule of Evidence 702, “the expert may testify and the jury decides how much weight to give that 2 testimony.” Primiano v. … Londre’s report does not clearly explain his methodology, although it provides 14 a long list of documents and materials that he reviewed in forming his opinions. See Dkt. # 65-3 15 at 39-41. Mr.

Gebreseralse v. Columbia Debt Recovery LLC

District Court, W.D. Washington · May 2, 2023

The letter indicated Plaintiff qualified for a balance reduction of up to 12 50% and the offer expired February 28, 2019. /d. … The Court must now determine if Plaintiff 18 has established an injury under the CPA.

Allen v. Travel Guard Group Inc

District Court, W.D. Washington · Jul 24, 2023

Dkt. 10.1 Because Defendants fail to establish an entitlement to relief, 17 their motion is denied. … and Expedia agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may 11 assert Claims on an individual basis in small claims court if they qualify

Floyd v. Amazon.com Inc

District Court, W.D. Washington · Dec 15, 2023

Except as provided in section 6.2 (a) below, 12 or as otherwise stipulated or ordered, Discovery Material that qualifies for protection under this 13 agreement must be clearly so designated before or when the material … This 19 provision is not intended to modify whatever procedure may be established in an e-discovery 20 order or agreement that provides for production without prior privilege review.

Raethke v. Boe

District Court, W.D. Washington · Oct 30, 2019

Raethke qualified as a 2 persistent offender under Washington’s “two strike” sentencing law, Wash. Rev. Code § 3 9.94A.030(38)(b). (Dkt. No. 12 at 8.) Due to this qualification, Mr. … 26 established Federal law, as determined by the Supreme Court of the United States” or “resulted 1 in a decision that was based on an unreasonable determination of the facts in light of the 2 evidence presented in

Cadet v. Overlake Hospital Medical Center

District Court, W.D. Washington · Apr 14, 2025

that her resignation qualified as a fitting response.” … Id. 6 A plaintiff can establish a prima facie case of discrimination under Title VII by 7 demonstrating that: “(1) [s]he is a member of a protected class; (2) [s]he was qualified for h[er] 8

Medicraft v. State of Washington

District Court, W.D. Washington · Mar 4, 2024

that she made efforts to meet with James Medicraft, including telephone conversations with him. 16 Id. at 19. 17 The Washington Supreme Court has clearly … Sanchez also moves for summary judgment on the conspiracy cause of action alleged 21 against her on the basis that Plaintiffs are unable to establish the required elements to establish a 22 civil conspiracy.

Tyajah Williams v. Recovery Innovations Inc. et al.

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

(Id. at 24.) 6 Milton told Plaintiff to “follow up with [the] benefits department as it has not been clearly 7 communicated a return date.” (Id. at 23.) … No. 1-1 at 3) qualifies as a 5 disability under the WLAD. Even assuming it did, her failure to accommodate claim fails for 6 two reasons.

Langlois v. Deja Vu, Inc.

984 F. Supp. 1327 · District Court, W.D. Washington · Sep 24, 1997

Marks probably qualifies as an ‘employer’ himself under the “FLSA” for all Deja Vu clubs around the nation____ Mr. … Counsel's lengthy affidavit and exhibits submitted clearly do not support this assertion.