Case law

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.

Craig v. Commissioner of Social Security

District Court, W.D. Washington · Jul 28, 2022

for disability under 21 one of the “listings” that automatically qualify a person for benefits, and failed to incorporate 22 certain limitations into his RFC. … A 9 disability claimant does not establish that an RFC is erroneous by pointing to evidence the ALJ 10 properly discounted. Stubbs-Danielson v. Astrue, 539 F.3d 1169, 1175-76 (9th Cir. 2008).

Laurence J. Gordon, Inc. v. Brandt, Inc.

554 F. Supp. 1144 · District Court, W.D. Washington · Jan 14, 1983

Although Gordon clearly wanted Brandt to vary the terms of the contract and may have in fact believed that Brandt permitted him to do so, such a conclusion in light of the clear language of the contract and vigilant efforts … The court found that: Brandt (district managers) are not sufficiently independent of Brandt to qualify as independent dealers.

Gerrity v. Commissioner of Social Security

District Court, W.D. Washington · Oct 19, 2021

First, the medical experts’ testimony is not mere speculation; the 21 3 One of the medical experts qualified his testimony based on the ALJ’ … See AR 70-74, 78, 87-94. 17 Although the ALJ improperly discounted the medical expert testimony, and that 18 testimony clearly establishes that Plaintiff’s disability onset

Love v. Kaiser Permanente

District Court, W.D. Washington · Oct 12, 2023

also LCR 7(b)(2); Electronic Filing 8 Procedures for Civil and Criminal Cases, Amended Mar. 27, 2023, at p. 8 (“Documents being 9 submitted in response to, in support of, or in opposition to other documents shall be clearly … To prevail on a disability discrimination claim premised on an alleged 10 wrongful termination, a plaintiff must establish that (1) she is a person with a disability within the 11 meaning of the statute; (2) she is qualified—i.e

American Federation of State v. Washington

578 F. Supp. 846 · District Court, W.D. Washington · Dec 14, 1983

The relevance of cost at that juncture of a case is clearly distinguishable from the application of a cost-justification defense at the liability phase of Title VII litigation. 6. … The only issue in the case was whether females were qualified electors under the laws of Washington Territory? One of the admitted facts was "the Plaintiff is a woman.” Id., at 611 . Mr.

In re: Petition for subpoena of Nintendo of America

District Court, W.D. Washington · Nov 15, 2019

Except as otherwise provided in this Protective Order (see, e.g., 17 Section 5.2), or as otherwise stipulated or ordered, Discovery Material that qualifies for protection 18 under this Protective Order must be clearly … A Challenging Party may proceed to the next stage of the challenge process only if it 19 has engaged in this meet and confer process first or establishes that the Designating Party is 20 unwilling to participate in the

Fruci & Associates PS v. A10 Capital LLC

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

REG. 20811-01, 20811–12 (April 14 15, 2020) (to be codified at 13 C.F.R. pt. 120) (“SBA Rule”). 15 Under most SBA loan programs borrowers can submit loan applications to qualified 16 lenders or … At the pleading stage, a plaintiff need not satisfy Iqbal/Twombly’s plausibility 2 standard,4 but “must ‘clearly . . . allege facts demonstrating’ each element” of standing. Spokeo, 3 Inc. v.

Leda Health Corporation v. Inslee

District Court, W.D. Washington · Oct 21, 2024

circumstances where clients pay for 19 services,” emphasizing that advertisements or marketing that is “placed in a commercial context 20 and directed at the providing of services rather than toward an exchange of ideas” qualifies … s 23 claim against Governor Inslee, as the Court’s finding that all of Plaintiff’s claims fail as a matter of law effectively moots the immunity

Christianson v. The Boeing Company

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

employee had a sensory, mental, or physical abnormality that substantially limited his or her 24 25 ability to perform the job; (2) the employee was qualified … Under this framework, 9 a plaintiff has the initial burden of establishing a prima facie case. Id.

St Marie v. Jefferson County

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

No. 68 at 2 12.) 3 • “[D]efendants violated the Plaintiff’s clearly established First Amendment rights by refusing to receive … Once 8 established, the burden shifts to the government to establish the last two steps.

Eshom

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

At that time, working outside or in a large 16 indoor space was not clearly shown to decrease risk of infection. Id. … Mr. 5 Eshom emphasized his natural immunity as a basis for objecting to the vaccine, 6 boasting that “within about 24 hours” of recovering from COVID-19 in 2021, he was 7 “hiking Mount Peak in Enumclaw,” having “

Mockovak v. Haynes

District Court, W.D. Washington · Jul 23, 2021

The information here, 17 however, does not so clearly establish that Mr. Kultin received any immigration benefit 18 for his testimony. (2d PRP Order at 3486-88.) 19 Mr. … established federal 16 law.

Wash. Research Found. v. Sanofi

302 F. Supp. 3d 1240 · District Court, W.D. Washington · Feb 2, 2018

.-20. 3 According to the patent's specification, *1243 recombinant DNA technology allows for the microbial production of proteins that can be used in the preparation of vaccines, immune modulators, and antibodies for diagnostic … Thus, the Circuit found, "claim 4 clearly references another claim, not simply a starting material." Id. at 1358 .

Coalview Centralia, LLC v. Transalta Centralia Mining LLC

District Court, W.D. Washington · Aug 31, 2020

Coalview 18 has persuasive arguments about how its value should be measured, but its disagreement with 19 Barrick is for cross-examination, and she is qualified to opine about its value. … If the nonmoving party fails to establish the existence of a genuine 5 issue of material fact, “the moving party is entitled to judgment as a matter of law.” Celotex, 477 6 U.S. at 323-24.

Wilkinson v. Commissioner of Social Security

District Court, W.D. Washington · Oct 7, 2020

tasks, stated that Plaintiff’s ability to adapt 15 to change would be limited by poor response to stress, and opined that Plaintiff would benefit 16 from a stable work environment where changes and expectations are clearly … Ct. at 2047 (noting that to qualify as an officer, rather than an 20 employee, an individual must occupy a continuing position established by law

Doe v. Seattle University

District Court, W.D. Washington · Jun 3, 2022

The Fourteenth Amendment states that “[n]o state shall 15 make or enforce any law which shall abridge the privileges or immunities of citizens of the United 16 … Further, Plaintiff alleges Seattle University “gave no weight to any male testimony,” but in the same sentence qualifies this argument by stating Seattle University did give weight to a male witness’ testimony 28 supporting

Eshom

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

At that time, working outside or in a large 16 indoor space was not clearly shown to decrease risk of infection. Id. … Mr. 5 Eshom emphasized his natural immunity as a basis for objecting to the vaccine, 6 boasting that “within about 24 hours” of recovering from COVID-19 in 2021, he was 7 “hiking Mount Peak in Enumclaw,” having “

Walker v. Microsoft Corporation

District Court, W.D. Washington · Aug 3, 2022

In order to 5 establish the required nexus, the government must profit from the alleged unconstitutional 6 conduct of the private entity. See id. at 843. … Thus, any second amended 6 complaint must clearly identify each intended Defendant, all intended claims, the specific facts 7 which Plaintiff believes support each claim, and the specific relief requested. 8 The

Rasmussen v. Skagit County

448 F. Supp. 2d 1203 · District Court, W.D. Washington · Aug 24, 2006

. § 1983 , Plaintiffs must establish (1) that Ms. … Goldenson is not qualified to draw legal conclusions, such as that certain conduct by Dr. Leibrand constituted “deliberate indifference.” Such legal conclusions are hereby STRICKEN from Dr.