Case law

Wandke v. National Railroad Passenger Corporation

District Court, W.D. Washington · Oct 14, 2022

To establish a prima facie case of discrimination under either law, Mr. 21 Wandke “must show: (1) he is a ‘qualified individual with a disability’; (2) he was either 22 excluded from participation in or denied the benefits … Dist. of Oregon, 254 F.3d 846, 850 (9th Cir. 2001) (Regulations establish that “isolated or 23 temporary problems caused by lift malfunctions are not violations of the ADA.”).

Arvie v. Commissioner of Social Security

District Court, W.D. Washington · Oct 30, 2019

But the claimant may establish disability onset prior to that time and still 23 recover benefits. … Hebert’s opinions that were qualified in terms of issues 22 Plaintiff “may” have (i.e. Dr. Hebert’s opinions related to tardiness, absenteeism, and attention 23 and concentration).

Ruman v. Federal Deposit Insurance Corporation

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

While the Court finds that Plaintiff qualifies under one of them (the 14 SCRA), ultimately it does not avail him, because he failed to timely file his POC once the statute 15 of limitations on his claim began ticking … In light of the fact that (1) Defendant has established that it satisfied the notice 6 requirements of FIRREA and (2) Plaintiff has established that he is entitled to the tolling 7 protections of the SCRA, then the limitations

Silverberg v. Zillow Group Inc

District Court, W.D. Washington · Feb 16, 2022

the approval of the court, select and retain counsel to represent the class.”); see also 9 Cavanaugh, 306 F.3d at 734 (“While the appointment of counsel is made subject to the 10 approval of the court, the [PSLRA] clearly … E to Berman Decl. 13 (docket no. 28-5), the Court finds that Hagens Berman is qualified and experienced to 14 serve as lead counsel for the putative class.

Osterhaus Pharmacy Inc v. Express Scripts Inc

District Court, W.D. Washington · Feb 13, 2025

Rather, Defendants argue that PBMs are “effectively purchasing 9 cooperatives,” immune from per se antitrust scrutiny. … The Court 23 accepts Plaintiffs allegations as true and finds that Plaintiffs have sufficiently demonstrated 24 that ESI and the Co-Conspirators had a contract which is clearly sufficient for the Court to 25 plausibly

Moriarty

District Court, W.D. Washington · Nov 26, 2025

By that time, vaccines had been shown to be safe and highly effective at preventing 14 severe illness caused by COVID-19, and the current data also showed that immunity from 15 vaccination was more protective than immunity … The remaining 8 elements of Plaintiff’s prima facie case are clearly supported by the factual record, see supra 9 Section I.D–E, and appear to be uncontested for all purposes. Compare Dkt.

Cosmos Granite (West) LLC v. Minagrex Corporation

District Court, W.D. Washington · Nov 4, 2021

The prices Cosmos West paid for materials it resold to W2W 6 is not relevant unless Defendant has no other way to establish that W2W was … Such would be clearly improper and 5 Plaintiff agrees.

Rohwer

District Court, W.D. Washington · Feb 19, 2026

A submission that stays within the word counts specified in LCR 7(e)(3) is clearly authorized by that rule, and the submission of supplements, notices, addendums, 24 etc. to enhance a filing is generally unauthorized … Plaintiff bears the burden of establishing the first and second prongs. 19 Mavrix Photo, Inc. v.

Jaeger v. Zillow Group Inc

District Court, W.D. Washington · Feb 16, 2022

the approval of the court, select and retain counsel to represent the class.”); see also 9 Cavanaugh, 306 F.3d at 734 (“While the appointment of counsel is made subject to the 10 approval of the court, the [PSLRA] clearly … E to Berman Decl. 13 (docket no. 28-5), the Court finds that Hagens Berman is qualified and experienced to 14 serve as lead counsel for the putative class.

Solt v. CSA America Testing & Certification LLC

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

. § 213(a)(1). 3 An employee qualifying for the administrative exemption must (1) be compensated not 4 less than $455 per week; (2) perform … CSA asserts that the overtime policy clearly 28 states that all overtime must be approved by a supervisor and that it was not guaranteed. Dkt. #71 at 17 (citing Dkt. #81-3).

Hillier v. Zillow Group Inc

District Court, W.D. Washington · Feb 16, 2022

the approval of the court, select and retain counsel to represent the class.”); see also 9 Cavanaugh, 306 F.3d at 734 (“While the appointment of counsel is made subject to the 10 approval of the court, the [PSLRA] clearly … E to Berman Decl. 13 (docket no. 28-5), the Court finds that Hagens Berman is qualified and experienced to 14 serve as lead counsel for the putative class.

Wagafe v. Biden

District Court, W.D. Washington · Jan 17, 2025

[b]ut we can 11 definitely say that they’re not clearly ineligible[.]”). … And Defendants concede that CARRP qualifies as a “rule” as defined under 11 Section 551(4) of the APA. See Dkt. No. 665-6 at 66.

Meyer v. Bayerische Motoren Werke AG

District Court, W.D. Washington · Aug 18, 2022

And even if Plaintiffs are seeking to have two 8 experts address a single subject, the Court would not grant the request as Plaintiffs have failed to 9 clearly seek relief from Local Rule 43(j) and have not created … Stephens cannot qualify to testify as an expert 4 witness.3 Instead, Plaintiffs appear to take issue with the whole practice of accident 5 reconstruction and argue that Mr.

Corner Computing Solutions v. Google LLC

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

First, 22 Defendant argues that Defendant is immune from liability under Section 230 of the 23 Communications Decency Act (“Section 230”), 47 U.S.C. § 230(c)(1). Dkt. No. 25 at 13. … Plaintiff’s attachment to his 16 response shows certain webpages that are clearly labeled under a tab titled “Terms of Service.” 17 Dkt. No. 27 at 7–10.

Fleury v. Platt

District Court, W.D. Washington · Feb 13, 2025

(See generally id.) 16 To assert a prima facie disability discrimination claim, a plaintiff must plead numerous 17 facts, including the existence of the qualifying disability.4 … The primary reason 11 being that the “[a]bility to protect the interests of the class depends in part on the quality of 12 counsel and we consider the competence of a layman representing himself to be clearly too 13

Olympus Spa v. Ortiz

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

These new allegations include that within weeks of filing her complaint, 9 HW underwent gender confirmation surgery that would apparently have qualified her for 10 admittance to the Spa. Am. Compl., ¶ 35. … Defendants’ Motion lacks any reference to the 21 Washington State Constitution or the Freedom of Conscience clause, let alone an argument 22 regarding Defendants’ claim to Pennhurst abstention or Eleventh Amendment immunity

Shirley v. Washington State Department of Fish and Wildlife

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

All Plaintiff’s cite scripture and state clearly how the 9 vaccine requirement conflicted with their faith. … In support of their argument that “the record clearly establishes 22 undue hardship,” Defendants state that “Plaintiffs admitted” in their declarations that they held 23 positions that would “put them in direct in-person

Shirley v. Washington State Department of Fish and Wildlife

District Court, W.D. Washington · May 7, 2025

All Plaintiff’s cite scripture and state clearly how the 9 vaccine requirement conflicted with their faith. … In support of their argument that “the record clearly establishes 22 undue hardship,” Defendants state that “Plaintiffs admitted” in their declarations that they held 23 positions that would “put them in direct in-person

Yohannes v. Olympic Collection Inc (OCI)

District Court, W.D. Washington · Dec 21, 2022

Post-judgment garnishment proceedings are unique in that debtors are presumed to 9 already have notice of the underlying judgment against him, thus it has not been clearly 10 established that pre-garnishment notice is … 12. 9 He argues that postponing a hearing until post-deprivation is only permitted in unique instances 10 where “prompt action” is required, and that wage garnishment of the kind at issue in this case 11 does not qualify

Tikson v. Amica Mutual Insurance Company

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

Although it does 19 not address this argument to any specific transfer factor, Amica asserts that all federal courts are 20 equally qualified to adjudicate the laws of another jurisdiction fairly and competently. … Thus, both parties clearly have 16 significant contacts with Washington, whereas the question of Mr.