Case law

Transfair North America International Freight Services LLC v. Top Shelf Manufacturing LLC

District Court, W.D. Washington · Oct 9, 2025

Second, it alleged Transfair breached its duty of care by selecting 18 carriers not qualified to transport Edsal’s cargo. Id. at 6–7. … With its counterclaims now dismissed, 11 Edsal cannot prevail on its setoff affirmative defense because it cannot establish that it is 12 owed any debt from Transfair. See Microsoft Corp. v.

Baker

District Court, W.D. Washington · Dec 23, 2025

A court must 7 dismiss at any time an IFP complaint that is (1) frivolous or malicious; (2) fails to state a 8 claim upon which relief may be granted; or (3) seeks monetary relief against a defendant 9 who is immune … It is well-established in the Ninth Circuit that “an amended complaint supersedes the original, the latter being treated thereafter as nonexistent.” Ramirez v.

Flores v. Wells Fargo Bank NA

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

The Court accordingly 9 finds the motion to certify “premature as it would necessarily require the Court to assume facts 10 regarding the substantive claims that have not yet been established.” … Examples of the “type of 5 contract” that qualify under this exception include “contracts of carriers and innkeepers with 6 passengers and guests, contracts for the carriage or proper disposition of dead bodies, and

Carter-Mixon v. City of Tacoma

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

Ellis’s March 3, 2020 death—at issue in this case, 14 (2) the Washington Attorney General declined to grant the other Defendant Officers immunity 15 from future prosecution for their involvement in the incident, (3) … They also note that when 16 this motion was filed, the case had “already been stayed for over 14 months,” they “are anxious to 17 proceed[,] and they clearly have an interest in proceeding expeditiously with their case

Sea Shepherd Legal v. National Oceanic and Atmospheric Administration

District Court, W.D. Washington · Feb 2, 2021

For all remaining documents, the court concludes that the Government 12 has established that the redactions are pre-decisional and deliberative. … Such conduct is plainly unwanted, as New Zealand 15 has requested that the identities be redacted, and it qualifies as the potential harassment 16 that Exemption 6 guards against. See Forest Serv.

Perez v. United States Postal Service

76 F. Supp. 3d 1168 · District Court, W.D. Washington · Feb 13, 2015

By contrast, the employer prevails if it establishes that discrimination played no role in the challenged decisions. Id. … Tailored to the geography at issue, the Court finds that the Secretary has established the propriety of the requested relief.

Palmer v. King County

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

3 Plaintiff generically addressed the topic of motions to dismiss in a single sentence: “Any 4 motion to dismiss for failure to state a claim should be denied because clearly … Plaintiff also asserts that defendants violated his due process rights, as well as 24 “equal protection and privileges or immunities,” by violating what he claims is his lawful right 25 to information.

Pellum v. City of Federal Way

District Court, W.D. Washington · Nov 3, 2023

The establishment of 8 probable cause is a complete defense to a malicious prosecution action. … Defendants also assert the affirmative defense of qualified immunity. Dkt. #24 at 24-25. 24 Given the conclusions above, the Court need not reach this issue. ORDER GRANTING DEFENDANTS’ MOTION

Prisco v. Moss

District Court, W.D. Washington · Aug 16, 2024

No. 1-1 ¶¶ 10, 17. 8 NAMA offers a Certified Intervention Specialist credential (“NAMA credential”) to qualified 9 individuals in the crisis intervention field. Id. ¶ 21. … Defendants argue that they are immune 14 from Prisco’s tortious interference claim because the alleged intentional interference was that 15

A.T. v. Everett Sch. Dist.

300 F. Supp. 3d 1243 · District Court, W.D. Washington · Jan 9, 2018

The court granted the motion, finding that A.T. had not clearly alleged when she discovered her injury. ( See generally MTD Order.) … Verver's "hugs and the touching of her thigh" while she was 17 qualify as sexual contact, thus implicating RCW 4.16.340. ( See 1st Resp. at 16-17 n.91.)

State of Washington v. O'Reilly Auto Enterprises LLC

District Court, W.D. Washington · Dec 7, 2023

The objective reasonableness of removal 2 depends on whether the applicable law “clearly foreclosed” the arguments in support of removal. 3 Lussier v. … The applicable law in this case did not “clearly foreclose[]” Defendant’s arguments in 11 favor of removal. See Lussier, 518 F.3d at 1066–67.

Ligeri v. Amazon.com Services LLC

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

He did so based solely on fabricated evidence (that he was made 8 clearly aware of) and procedural motions rife with facial falsehoods exposed in black … From a scientific standpoint, the operational collapse of the United States 23 government—specifically its judicial enforcement function—can be established through 24 falsifiable observation and empirical contradiction

Cammermeyer v. Aspin

850 F. Supp. 910 · District Court, W.D. Washington · Jun 1, 1994

Brigle, 17 F.3d 280 (9th Cir.1994), a sovereign immunity case, where the Ninth Circuit stated in dicta at the end of its opinion: The Pruitt and High Tech Gays cases, upon which the district court relied, do stand for the … Conduct The undisputed evidence in the record establishes that Cammermeyer was discharged from military service solely because she admitted her homosexual orientation.

Lindenberger Cold Storage & Canning Co. v. J. Lindenberger, Inc.

235 F. 542 · District Court, W.D. Washington · Jul 15, 1916

As already stated, one of the chief objects of the Vendor Companies in creating the English company was to establish a London credit. … For the foregoing reasons I am inclined to the belief that the consideration for the ¿5,000 promised the Syndicate was not clearly expressed.

Fulk v. Baer

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

dismiss the complaint, or any portion of the complaint, if the 13 complaint: (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; 14 or (2) seeks monetary relief from a defendant who is immune … claims of 14 inadequate medical care, “he must assert his claims under the Fourteenth amendment, must 15 identify the individuals responsible for the alleged deficient care, and he must set forth specific 16 facts establishing

Thorpe

District Court, W.D. Washington · Mar 30, 2026

And as discussed, Plaintiff has clearly 14 identified—and acted upon—his intention to purchase a firearm. (See Dkt. … State Police, 17 190 N.E.3d 162, 171 (Ill. 2021) (“California law[] . . . automatically allows misdemeanants to 18 possess firearms 10 years after the qualifying conviction.”).

Westover v. Provident Life and Accident Insurance Company

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

Indeed, 5 the motion is supported by declarations and documentary evidence, and the cases upon 6 which it relies clearly require the Court to ascertain the nature of the IDI policy with 7 reference to the facts and … The 19 insurer has the burden to show its plan qualifies as an ERISA plan by a preponderance of 20 the evidence. Id. at 492 n.4.

Heck

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

“Where 10 the selection, organization, and characterization of facts reveals the theories, opinions, or mental 11 impressions of a party or the party’s representative, that material qualifies as opinion work 12 product … The TAC clearly 2 || articulates a link between the “digital rewards” offered via Prime’s “FREE NO-Rush Shipping” 3 feature and her enrollment in Audible. See Dkt. # 94 at 3, 9 15, id. at 9,940.

Straws v. Spencer

District Court, W.D. Washington · Oct 27, 2021

To establish a 8 prima facie case of discrimination under the ADA, a plaintiff must show that she: (1) is 9 disabled; (2) is qualified; and (3) suffered an adverse employment action because of her 10 disability. … The Navy appears to concede that Straws is disabled and 12 qualified but disputes that she suffered an adverse employment action because of her 13 disability.

Fialkov v. Microsoft Corp.

72 F. Supp. 3d 1220 · District Court, W.D. Washington · Dec 12, 2014

Again setting aside fraud-by-hindsight problems with this position, the cases on which Plaintiffs rely are clearly distinguishable and indeed suggest that the statements cited in the CAC did not create such an obligation … While facts showing a motive and opportunity to commit fraud “provide some reasonable inference of intent,” they are “not sufficient to establish a strong inference of deliberate recklessness.”