Case law

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.

Baker v. CMH Homes Inc

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

clause 24 1 establishing the final manifestation of the contract between the parties.” … Principi, 464 F.3d 1049, 1055 (9th Cir. 2006) (“Under the doctrine of the last antecedent, 11 qualifying phrases are to be applied to the words or phrase immediately preceding the qualifier 12 and are not to be construed

Garcia v. Harborstone Credit Union

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

Id. at 6. 6 In this context, a cy pres award must qualify as “the next best distribution” to giving the 7 funds to class members. Dennis, 697 F.3d at 865. … “Not just any worthy recipient can qualify as an 8 appropriate cy pres beneficiary”; there must be a “driving nexus between the plaintiff class and the 9 cy pres beneficiaries.” Id. (cleaned up).

Conservation Northwest v. Rey

674 F. Supp. 2d 1232 · District Court, W.D. Washington · Dec 17, 2009

This alternative establishes a baseline against which the proposed action and its alternative may be measured. Friends of Se.’s Future v. … This, they clearly did.

Metcalf v. TRA-MINW PS

District Court, W.D. Washington · Oct 3, 2024

(emphasis in original)). 19 To establish a claim under § 504 (the Rehabilitation Act), Metcalf must show: (1) she is a 20 qualified individual with a disability; (2) she was denied a reasonable accommodation that … during the pandemic posed a 21 22 23 3 While Defendants did not clearly

Rajapakse v. TrueBlue

District Court, W.D. Washington · May 31, 2024

Rajapakse with 5 the “leave team to offer [her] the ability to explore whether [she could] qualify for any leave 6 options.” Dkt. No. 47-2 at 2. Ms. … Neither party clearly explained the history of this case with the EEOC, nor have they provided the full EEOC submission(s), so the Court cannot evaluate this 22 argument.

Kang v. The Boeing Company

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

Dkt #39 at 17. 9 To establish unlawful discrimination, Ms. … Kang’s assertions to establish pretext are otherwise speculative.

Auxier-Fagg v. Commissioner of Social Security

District Court, W.D. Washington · Feb 14, 2020

First, Plaintiff does not identify evidence 21 establishing any medically determinable impairment causing headaches. … Bowen, 849 F.2d 418, 421-22 (9th Cir. 1988)). 12 “Only physicians and certain other qualified specialists are considered ‘[a]cceptable 13 medical sources.’” Ghanim v.

DeLeon v. Pierce County Jail

District Court, W.D. Washington · Nov 29, 2022

13 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 14 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 15 who is immune … City of Canton, 489 U.S. at 385–90. 3 To the extent plaintiff intends to proceed with § 1983 claims against any individuals in this 4 action, he must properly and clearly identify them as defendants in

Mathews v. Karcher North America Inc

District Court, W.D. Washington · May 9, 2023

Id. at 2.3 He alleged that younger, female employees who 3 were less qualified were “promoted ahead of him, given higher salaries, and . . . offered positions 4 at Kärcher’s Englewood facility.” Id. … Code § 51.04 et seq., immunizes employers from employees’ tort claims arising from workplace injuries but provides an exception if the employer “intentionally injures an employee.” Vallandigham 18 v.

Meeker v. Commissioner of Social Security

District Court, W.D. Washington · Feb 11, 2020

Chater, 157 F.3d 715, 725 (9th Cir. 1998). 13 “Only physicians and certain other qualified specialists are considered ‘[a]cceptable 14 medical sources.’” Ghanim v. … The Commissioner argues that the opined limitations are “not clearly traceable” to 11 abnormal findings such as these. Dkt. 12 at 11.

Washington Toxics Coalition v. United States Department of Interior

457 F. Supp. 2d 1158 · District Court, W.D. Washington · Aug 24, 2006

Predictable events, like those covered in Emergency Use Permits issued by the Environmental Protection Agency for pesticide applications, usually do not qualify as emergencies under the section 7 regulations unless there … The response to this comment was that “requesting the same emergency exemption in repeated years would [not] normally qualify as an ‘emergency.’ ” (Id.)

E.H. v. Issaquah School District

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

Under the IDEA, states that receive federal 10 funding for public education must establish policies and procedures to ensure that all 11 children with disabilities have access to a free appropriate public education (“ … Pa. 2019) (“[A]lthough the parties continued to discuss 22 whether the District would evaluate [the child] . . . the Parents did not clearly request 1 further evaluation in anticipation of possible reenrollment.”).

Group14 Technologies Inc v. Nexeon Limited

District Court, W.D. Washington · Nov 1, 2023

To qualify as 10 a “relevant market,” the market must (i) involve a product, as opposed to a group of customers, (ii) “encompass the product at issue as well as all economic substitutes for the product,” 11 (iii) include … the Noerr-Pennington doctrine 15 precluded Nexeon’s counterclaims, the Court concluded that Nexeon had sufficiently pleaded the requisite initiation by Group14 of “sham” litigation for which Group14 may not assert immunity

Delessert v. Kaiser Foundation Health Plan Inc

District Court, W.D. Washington · Aug 28, 2025

Relevant here, the ACA incorporates 12 the prohibitions found under Section 504 of the Rehabilitation Act, which provides: 13 No otherwise qualified individual with a disability in the United States . . . shall, … Accordingly, the Court is satisfied that Plaintiff has met his burden to establish 17 Article III standing. 18 B.

Tabb v. NaphCare

District Court, W.D. Washington · Jul 20, 2023

“Judgment on the pleadings is proper when 4 the moving party clearly establishes on the face of the pleadings that no material issue of fact 5 remains to be resolved and that it is entitled to judgment as a matter of … Tabb has not adequately alleged that each individual defendant’s conduct 11 meets the four factors required to establish deliberate indifference. Id. at 13; see also Dkt.

Norvell v. BNSF Railway Company

District Court, W.D. Washington · Aug 21, 2019

BNSF contends that “Norvell 3 has failed to establish that these actions constituted activity that qualify for protection as a 4 public policy under Washington law.” Dkt. 50 at 3. … This 18 fundamental public policy is clearly evidenced by countless statutes and judicial 19 decisions.” 128 Wn.2d at 944.

McCandlish

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

Improper Application to Private Property 19 Plaintiff alleges Defendants “presented, executed, and recorded a deed of trust treating 20 Plaintiff’s private home as though it were property qualifying … It also identified statutes and regulations that clearly were not applicable to the allegations being asserted. 24

Windham v. Commissioner of Social Security

District Court, W.D. Washington · Mar 5, 2024

Id. 12 at 5. 13 The Ninth Circuit has “established a two-step analysis for determining the extent to which 14 a claimant’s symptom testimony must … Windham’s knee and lower back pain, he contends that the record “clearly 23 indicates” he cannot “sustain and persist at a medium work intensity[.]”

United States v. Buckardt

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

Buckardt began receiving 27 pension plan payments in the form of a lump sum of $361.537.79 from his NWA non- 1 qualified excess pension plan and monthly payments of $8, 246.71 from his NWA 2 qualified pension plan … RCW 26.16.040. 18 The Government here has established that Mr.