Case law

Amazon. Com LLC v. Lay

758 F. Supp. 2d 1154 · District Court, W.D. Washington · Oct 25, 2010

Under the VPPA, Amazon qualifies as a “video tape service provider.” 18 U.S.C. § 2710 (a)(4). … The DOR asked for “all information for all sales,” which clearly calls for information about the video titles. (Compl. ¶ 26.)

Rook v. Holbrook

District Court, W.D. Washington · Jan 21, 2020

established Federal law, as determined by the 14 Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). … The “clearly established” phrase 15 “refers to the holdings, as opposed to the dicta, of [the Supreme Court’s] decisions as of the time 16 of the relevant state-court decision.” Williams v.

Boardman v. Inslee

354 F. Supp. 3d 1232 · District Court, W.D. Washington · Jan 10, 2019

City of Struthers , 319 U.S. 141 , 146-47, 63 S.Ct. 862 , 87 L.Ed. 1313 (1943) ("Freedom to distribute information to every citizen wherever he desires to receive it is so clearly vital to the preservation of a free society … Bullock found that the state had created "a system that utilizes the criterion of ability to pay as a condition to being on the ballot, thus excluding some candidates otherwise qualified and denying an undetermined number

Qualey v. Pierce County

District Court, W.D. Washington · Jan 21, 2025

The video shows that Deputy Dolan clearly lost his 3 composure.” Id. at 45. … Hicks is qualified to offer the opinion at 10 issue. Dkt. 29-3 at 2–5.

PBTM LLC v. Football Northwest LLC

District Court, W.D. Washington · Jan 5, 2021

Noerr-Pennington Immunity 4 Defendants assert immunity to PBTM’s antitrust claims under a doctrine first recognized 5 in two antitrust cases, E.R.R. Presidents Conference v. … July 22, 2019) (“[C]ourts within this Circuit . . . have 15 routinely found that such activities are clearly protected.”)

M.D. v. Reykdal

District Court, W.D. Washington · Aug 31, 2023

If that were true, 24 there would be no need for an injunction from this Court. 1 demanding” burden of establishing “not simply that [they are] likely to succeed,” but that “the law 2 and facts clearly … Apr. 28, 2021) (finding 7 that plaintiff failed to establish a likelihood of irreparable harm based on the lack of evidence 8 establishing “irreparable harm, not mere speculation of such harm.”).10 9 Therefore

M.M. v. Tacoma School District No 10

District Court, W.D. Washington · Jan 17, 2024

O.M. has not put forth evidence sufficient to find a violation of clearly established Due Process rights. 4 … immunity.

Bathke v. City of Ocean Shores

District Court, W.D. Washington · Oct 4, 2019

Moreover, under the facts of this case, Bathke has failed to 7 establish that any material questions of fact exist on the issue of whether he was afforded 8 a meaningful opportunity to be heard. … In other words, the Court rejects Defendants’ request to compel arbitration 21 2 The Court declines to address Dingler’s qualified immunity

Martinez v. Pierce County

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

“To establish 22 § 1983 liability, a plaintiff must show both (1) deprivation of a right secured by the Constitution 23 and laws of the United States, and (2) that the deprivation was committed by a person acting 24 … City of 9 Covina, 654 F.3d 892, 900 (9th Cir. 2011), nor the question of whether defendant Demarco is 10 entitled to qualified immunity.3 11 A.

Adams v. Lanum

District Court, W.D. Washington · Feb 8, 2024

the 7 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 8 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 9 who is immune … A showing of medical malpractice or 18 negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.” 19 See Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004).

Air Transport Association of America Inc v. Sacks

District Court, W.D. Washington · Oct 11, 2019

The FMLA’s savings clause does not clearly indicate such an 21 intent. … The Airlines’ sick leave policies under their CBAs likely qualify 21 them for this exception.

Crews v. Perkins

District Court, W.D. Washington · Jan 8, 2025

Violation of Privileges and Immunities Clause. Prosecuted under 20 unconstitutional statute RCW 9A.44.020(1), House Bill 208 (1975). 21 3. … Instead, he asserts he did not receive a 11 fair trial, a general claim without any new reliable evidence, which is inadequate to 12 establish actual innocence.

Amazon.com Inc v. Oron

District Court, W.D. Washington · Oct 20, 2020

Jurisdiction can be established by general or specific jurisdiction. … Amazon need not establish liability 3 at this early stage or prove its theory of agency liability.

United States v. State

873 F. Supp. 1422 · District Court, W.D. Washington · Dec 20, 1994

At trial, the Tribes presented evidence establishing areas in which they historically sought shellfish. … Id. at 776 . *1449 The facts in this case, however, are clearly distinguishable from the Suquamish case.

City of Seattle v. Monsanto Company

District Court, W.D. Washington · Sep 13, 2023

For a public nuisance 8 claim, the City must establish conduct constituting a nuisance. See Miotke v. … Woodyard does not clearly express any opinion in these portions utilizing his 10 expertise. Instead, it appears Mr.

Reeve v. Commissioner of Social Security

District Court, W.D. Washington · Jan 15, 2021

Whatever these notations might mean, the ALJ clearly did not interpret them to mean 21 Plaintiff never has any back pain. … AR 304; see Garrison, 759 F.3d at 1015 n.20 (“[W]e doubt that 4 epidural steroid shots to the neck and lower back qualify as ‘conservative’ medical treatment.”). 5 The Commissioner cites Parra v.

Miller v. Commissioner of Social Security

District Court, W.D. Washington · Mar 31, 2021

The 2 burden of proof is on the claimant to establish he or she meets or equals any of the 3 impairments in the listings. Tackett, 180 F.3d at 1098. … “A generalized assertion of 4 functional problems is not enough to establish disability at step three.” Id. at 1100 (citing 5 20 C.F.R. § 404.1526).

Kruger

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

But 14 Kruger’s amended complaint, filed on April 4, 2024, clearly encompassed claims of retaliation 15 and hostile work environment for his prior EEO activity. Dkt. 24 at 6–8. … Lastly, causality can be established 10 in two ways.

Ohio Security Insurance Company v. Garage Plus Storage Aviation LLC

District Court, W.D. Washington · Apr 25, 2022

It 19 additionally asserts that the Auto Exclusion is not indisputably applicable from the face 20 of the Underlying Action’s Fourth Amended Complaint and the Policies because it is not 21 clearly established that … The Estate argues, in brief and with no 6 supporting authority, that Ohio cannot show that the Fourth Amended Complaint clearly 7 established that the vehicle was rented or loaned to Garage Plus.

Chung v. Washington Interscholastic Activities Association

District Court, W.D. Washington · May 10, 2021

WIAA contends that none 4 of the minor Plaintiffs have qualified for a state tournament, and since it is speculative to assert 5 that they will qualify, their claims “rest[] upon contingent future events that may not … at 697, 133 P.3d 492 (“[A]lthough 17 participation in extracurricular activities, including sports, clearly supplements and enriches a 18 student’s educational experience, neither sports nor any other extracurricular