Case law

Alliance v. Cruise Terminals of America, LLC

216 F. Supp. 3d 1198 · District Court, W.D. Washington · Nov 20, 2015

It clearly is. … But then it is just a bridge, which is clearly not a vehicle. Griffin v.

Brinton v. Vivint Inc

District Court, W.D. Washington · Aug 7, 2024

TCPA is a concrete injury sufficient 1 to confer Article III standing). 2 “In TransUnion, the Supreme Court reaffirmed the preexisting rule that an intangible 3 injury qualifies … Wash. 2015) 17 (“[T]he legislature clearly stated that the sending of an email message prohibited by CEMA is a 18 violation of the Consumer Protection Act . . . the recipient . . .

Dunn v. Commissioner of Social Security

District Court, W.D. Washington · Dec 18, 2020

There is no evidentiary support for this conclusion, 6 as no medical expert made such a finding, and the ALJ is not qualified to make such an 7 interpretation of the medical data. See Day v. … Maint., 518 F.2d at 1276. 14 The new regulations also do not clearly supersede the “specific and legitimate” standard. 15 That standard is not an articulation of how ALJs must weigh or evaluate opinions

Garrison v. Allstate Insurance Company

District Court, W.D. Washington · Apr 8, 2022

State Farm contends that the statute clearly sets forth the basis for private causes of action and those causes of action do not 18 include regulatory violations. 19 … Although Washington 5 courts have not definitively stated that filing of the UIM lawsuit makes the insurer immune from 6 further bad faith claims, courts have recognized that “postlitigation conduct of the insurer’s

Northwestern S. S. Co. v. Maritime Ins.

161 F. 166 · District Court, W.D. Washington · Jan 16, 1908

Tv o decisions of the Court of Appeal, both in actions on charter parties, have established rlie rule that when a steamship starts on a long voyage with only enough coal for part of the voyage, the intention being to take … this was a duty owed to the insurers as well as the owner of the cargo, and it would have been a treacherous act for the captain or owner to have given voluntary aid to the captors in the vain hope of gaining a reward in immunity

Kieserman v. Unum Life Insurance Company of America

District Court, W.D. Washington · Dec 6, 2021

The Court’s review is limited to the evidence that was before 3 the plan administrator except “when circumstances clearly establish that additional evidence is 4 necessary to conduct an adequate de novo review.” … As 7 discussed, the record contains a serious cancer diagnosis, cancer treatment drugs known to cause 8 fatigue and compromised immunity, low or borderline white blood cell counts, and the assertions 9 of both Plaintiff

Aventa Learning, Inc. v. K12, Inc.

830 F. Supp. 2d 1083 · District Court, W.D. Washington · Nov 8, 2011

KLC’s handbook contains an Electronic Communications policy which clearly states that “[electronic communications are not private.” (1st Keegan Deck ¶ 3, Ex. 2.) … Morgan, 213 P.3d at 601 (“To qualify for attorney-client privilege, a communication must be made in confi *1108 dence.”)

Lotusflower v. Headley

District Court, W.D. Washington · Oct 25, 2023

dismiss the complaint, or any portion of the 2 complaint, if the complaint: (1) is frivolous, malicious, or fails to state a claim upon which relief 3 may be granted; or (2) seeks monetary relief from a defendant who is immune … Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1990) (as amended)). 6 Thus, any second amended complaint must clearly identify each intended Defendant, the 7 constitutional claim(s) asserted against each Defendant

Shellenberger v. AIG WarrantyGuard Inc

District Court, W.D. Washington · Sep 11, 2024

Mar. 29, 2024) 2 (involving deceptive net impression based on statements that were apparently untethered 3 to any qualifying or disclaiming language); Keithly v. Intelius Inc., 764 F. … Reliance is one way to establish the necessary causal link.

Omar v. Commissioner of Social Security

District Court, W.D. Washington · Sep 19, 2024

Chow and 11 Bai qualify as “medical opinions” under the applicable regulations. … The Ninth Circuit has established a three-step framework for deciding 21 whether a case may be remanded for an award of benefits. Id. at 1045.

Niemiec v. Seattle Rainier Baseball Club, Inc.

67 F. Supp. 705 · District Court, W.D. Washington · Jan 1, 1946

established. … The veteran must be qualified to perform the duties of his position. The evidence shows that he was. The employer may adopt fair and reasonable standards of. qualification for work performance.

Miller v. City of Burien

District Court, W.D. Washington · Feb 3, 2025

Charter Twp. of Meridian, 258 Fed. 4 Appx. 729, 736-37 (6th Cir. 2007) (RLUIPA does not stand for the proposition that a 5 religious institution is immune from zoning laws simply because it is pursuing a religious … Therefore, in determining whether a plaintiff can 8 maintain a prior restraint facial challenge, the court must first ask where the challenged law 9 falls “along the spectrum from activity that is clearly protected

Churyumov v. Amazon Corporate LLC

District Court, W.D. Washington · Nov 25, 2019

Plaintiff’s Complaint clearly pleads claims based on federal statutes. Dkt. #1-2. … Such is the case here as Plaintiff’s Title VII and ADA 15 claims against individuals are clearly precluded.

Jackson v. The Aliera Companies Inc

District Court, W.D. Washington · Aug 18, 2020

In doing so, this Court 4 concluded that Plaintiffs sufficiently pled allegations that, if proven true, establish that Trinity is 5 an insurance company subject to Washington’s health insurance laws. Id. at 9. … When 19 an agreement “clearly and unmistakably” delegates the threshold issue of arbitrability to the 20 arbitrator, a court must send that question to arbitration. Id. at 80.

Krause v. Expedia Group Inc

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

parameters are “established 16 by the client [in this case Egencia], not WSOL.” … In order to delegate such 23 questions, the parties must do so “clearly and unmistakably.” Henry Schein, 139 S.

Eteros Technologies USA, Inc., et al. v. United States of America, et al.

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

The 4 plaintiff bears the burden of establishing the court’s jurisdiction. Chandler v. State Farm Mut. 5 Auto. Ins. Co., 598 F.3d 1115, 1122 (9th Cir. 2010). 6 B. … modified)). 23 Nor does Eteros address settled law “recogniz[ing] the power to expel or exclude [noncitizens] as 24 a fundamental sovereign attribute exercised by the Government’s political departments largely 1 immune

AM. FED. OF ST., CTY. & MUN. EMP. v. State of Wash.

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.

Coleman v. Merritt

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

2 Defendants contend they are entitled to summary judgment because no genuine issue of 3 material fact exists regarding Plaintiff’s claims in Count I and that they are further entitled to 4 qualified … immunity.

Hoffman v. Transworld Systems Incorporated

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

Supplements because the Excel 14 spreadsheets’ metadata shows that the spreadsheets post-date the Pool Supplements. 15 Andrew Decl. at ¶ 7 (docket no. 237) (“[T]he metadata recorded for each excel 16 spreadsheet clearly … that the proposed class qualifies under at least one of the three 14 provisions of Rule 23(b).

Rapp v. NaphCare Inc

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

Nor is NaphCare’s policy, on its 16 face, clearly likely to lead to constitutional harms. … The NCCHC standards Plaintiffs cite in their complaint 9 indicate it is the standard of care for mental health staff or a qualified medical professional to 10 evaluate the mental health and placement of individuals who