Case law

Shah v. United States Citizenship and Immigration Services

District Court, W.D. Washington · Dec 17, 2019

At the interview, Plaintiffs provided testimony under oath and 21 provided documentary evidence to establish their marriage. … [remains] whether she and [her spouse] intended to establish a life 4 together at the time they were married.”

Ground Zero Center for Nonviolent Action v. United States Department of the Navy

918 F. Supp. 2d 1132 · District Court, W.D. Washington · Jan 11, 2013

In an April 2012 letter, the EPA commended the Navy for changes made to the draft EIS, but noted that Dabob Bay was “inappropriate for mitigation” because the site is not “clearly at risk.” … As the discussion above foreshadows, Plaintiffs have failed to establish a likelihood of irreparable harm.

Hill v. Xerox Corporation

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

Thus, any analogy to damages calculations under the WRA is unpersuasive 4 because the WRA and the MWA “clearly differ in their plain language.” … Carranza, 416 P.3d at 5 1212 (court declined to apply FLSA analysis to MWA where the relevant provisions “clearly 6 differ[ed] in their plain language,” even though it is well established that the MWA is based on 7

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

City of Seattle v. Monsanto Company

District Court, W.D. Washington · Aug 18, 2023

Daubert II, 43 F.3d at 1321 n.17. 3 For a public nuisance claim, the City must establish conduct constituting a nuisance. See 4 Miotke v. … Velleux is sufficiently qualified to provide his opinions. As 2 previously outlined above, Dr.

United States v. Washington

19 F. Supp. 3d 1252 · District Court, W.D. Washington · Dec 31, 1999

The Tulalip Tribes did not propose nor join in any proposed finding of fact or conclusion of law that would establish or preclude the establishment of any claim whose assertion would be in conflict with the terms of this … For the purposes of enforcement of this paragraph, each tribe or party hereto hereby waives sovereign immunity and agrees to suit, for the purpose of enforcing this agreement only, in the federal District Court for the Western

Houston Casualty Company v. Casal Enterprises, Inc.

District Court, W.D. Washington · May 21, 2026

Rather, they may be resolved by applying established 3 principles of insurance policy interpretation. Moreover, resolution of these issues turns on 4 the specific language of the Policy in this case. … Casal is correct in that the EPOA “was clearly drafted to combat 10 a discriminatory practice.” Round One, 2026 WL 1078205, at *4.

Brzycki v. University of Washington

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

The fact that Defendants clearly stated their 6 willingness to engage in additional discussion and possible revision of the schedule if Plaintiff 7 “[ran] into challenges in meeting work expectations” and that Plaintiff … Plaintiff must first make a prima facie case by establishing (1) that she belonged to a 12 protected class; (2) she “was qualified for [her] position[] and performing [her] job[] 13 satisfactorily,” (3) she experienced

Building 11 Investors LLC v. City of Seattle

912 F. Supp. 2d 972 · District Court, W.D. Washington · Dec 5, 2012

Plaintiff submitted the sole qualified proposal to Defendant in June 2006. Id. at ¶ 3.11. … The Court cannot find any facts alleged in the Complaint that establish the existence of a partnership.

Cheairs v. City of Seattle

District Court, W.D. Washington · Apr 24, 2024

I clearly heard Cpt. Allen giving dispersal 4 orders over the PA system several times. … As the Supreme Court has 12 emphasized, “[a] seizure requires the use of force with intent to restrain,” and “[a]ccidental force 13 will not qualify.” Id.

Chapman v. First Nat. Bank of Seattle

37 F.2d 105 · District Court, W.D. Washington · Dec 5, 1929

Chapman, was appointed as receiver of said Public Utilities Consolidated Corporation, and qualified as receiver of said court. On November 8,1929, an action was commenced in this court by 0. M. … This is denied by affidavit on the part of Maebride, and at bar it is stated by plaintiff that this agreement could not be established.

Maxey v. Washington State Democratic Committee

319 F. Supp. 673 · District Court, W.D. Washington · Oct 26, 1970

voter must be given an equal opportunity to participate in that election, and when members of an elected body are chosen from separate districts, each district must be established on a basis that will insure, as far as is … RCW 29.42.010(3), which reads, “Each political party shall have the power to * * * [e]lect delegates to conventions, state and national” (emphasis added), clearly evidences a decision by the state to require that political

Friedmann v. Berkshire Hathaway Group

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

Friedmann’s original complaint without prejudice and with leave 6 to amend for failure to establish a basis for this court to assert subject matter jurisdiction 7 over this action. … Friedmann 8 must show that the court has diversity jurisdiction over this case. 9 To establish diversity subject matter jurisdiction, Mr.

REX - Real Estate Exchange Inc v. Zillow Inc

District Court, W.D. Washington · Aug 16, 2023

(docket no. 329-13) (“[T]hat meant that [Zillow] would be joining MLSs in order to 3 qualify for those [IDX] feeds.”). … Although “arrangements or combinations designed to stifle competition 3 cannot be immunized by adopting a membership device accomplishing that purpose,” 4 Associated Press v.

Ejonga v. Watanabe

District Court, W.D. Washington · Nov 25, 2024

Va. 2019) (transgender 4 student alleging discrimination could admit medical records from their own treating physicians 5 establishing their gender dysphoria diagnosis and treatment without qualifying those doctors as … Mich. 2006) (“Application of § 1997e(e) to bar mental or emotional damages would 12 effectively immunize officials from liability for severe constitutional violations, so long as no 13 physical injury is established….

Erickson v. Biogen, Inc

District Court, W.D. Washington · Oct 16, 2019

Qualified 14 It is not in dispute whether Plaintiff was qualified for her position, so the second prong of 15 Plaintiff’s prima facie case is satisfied. … Id. at 1089. 12 A whistleblower who reports conduct that clearly violates the letter or policy of a statute may be 13 protected. Dicomes v.

FUTAMURA ESTATE OF FUTAMURA v. Unum Life Ins. Co. of America

305 F. Supp. 2d 1181 · District Court, W.D. Washington · Feb 17, 2004

ERISA plan administrators abuse their discretion by rendering decisions without an explanation, by construing the terms of the policy in a way that conflicts with the policy’s plain language, or by relying on “clearly erroneous … H.C.P., 905 F.Supp. 604, 614 (N.D.Iowa 1995) (holding that receiving advice or treatment during the exclusionary period for a condition “which proves to be the same condition the claimant seeks benefits for” qualifies as.

Kirkland v. Commissioner of Social Security

District Court, W.D. Washington · Sep 29, 2020

respect to the ALJ’s first reason, physicians preparing opinions for both 4 DSHS and SSA routinely utilize terms such as “moderate” and “marked” when 5 assessing a claimant’s mental limitations, and these terms are clearly … Ct. at 2047 (noting that to qualify as an officer, 14 rather than an employee, an individual must occupy a continuing position established by

National Wildlife Federation & Public Employees for Environmental Responsibility v. Federal Emergency Management Agency

345 F. Supp. 2d 1151 · District Court, W.D. Washington · Nov 15, 2004

NFIP are: (1) the identification and mapping of flood-prone communities, (2) the requirement that communities adopt and enforce floodplain management regulations that meet certain minimum eligibility criteria in order to qualify … Because the NFIA requires FEMA to review flood maps at least once every five years to assess the need to update all floodplain areas and flood risk zones, 42 U.S.C. § 4101 (e), (f)(1), the agency activity is clearly an ongoing

Lakeview Financial Inc v. State of Washington Department of Financial Institutions

District Court, W.D. Washington · Jun 21, 2021

See id. 20 Lower courts have stated this more clearly: the mere “possibility that a state proceeding may lead 21 to a future prosecution of the federal plaintiff is not enough.” Mulholland v. … a credible threat of prosecution and establish 20 injury-in-fact.