Case law

Strickland v. Balderama

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

condition and because there is no 10 clearly established law showing the care that Dr. … Even gross 18 negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood 19 v.

Hall v. Catholic Health Initiatives, St Anthony Hospital

District Court, W.D. Washington · Mar 17, 2021

When 7 her blood sugar is too low, her heart races, she runs out of energy, she feels shaky and 8 cannot think clearly, and she sometimes feels sweaty. Id. at 62. To counteract this, she 9 needs to eat. Id. … Hall’s evidence 5 does not establish that St.

Washington Election Integrity Coalition United v. Fell

District Court, W.D. Washington · Sep 30, 2022

“The ‘strong presumption’ against removal jurisdiction means 19 that the defendant always has the burden of establishing that removal is proper.” Id. … Although 14 Plaintiffs do not explain their theory of vote dilution, it appears to be based on general allegations 15 of election irregularities that affected the votes of all “qualified electors” in the County.

Frazier v. Commissioner of Social Security

District Court, W.D. Washington · May 2, 2024

The ALJ Did Not Err in Evaluating Plaintiff’s Testimony 3 The ALJ found that Plaintiff presented objective medical evidence establishing that her 4 medically determinable impairments could cause the symptoms … Wallace in January 11 2021 that she believes her mental impairments began as a result of the immunizations she 12 received while in sixth grade).

P Poe 5 v. University of Washington

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

“While the Supreme 4 Court has expressed uncertainty regarding the precise bounds of the constitutional ‘zone of 5 privacy,’ its existence is firmly established.” … Further, there is a public interest in having qualified members on the IACUC 19 overseeing animal research at UW.

Multicare Medical Center v. State of Wash.

768 F. Supp. 1349 · District Court, W.D. Washington · Jul 3, 1991

To qualify as a low cost outlier case, the allowed charge must be less than the greater of 10 percent of the applicable DRG or $200. (Ex. 439, p. 44). … Congress, in adopting the Boren Amendment, clearly intended to promote a more cost efficient Medicaid scheme. Baliles, 868 F.2d at 659.

Dodge v. Evergreen School District

District Court, W.D. Washington · Jan 13, 2021

Dodge’s declaration more clearly sets out the two reasons for wearing his MAGA hat, he mentioned both reasons several times in his deposition. … Dodge may have expected the District to have handled the events 16 surrounding August 23, 2019, differently, he has failed to establish any entitlement to it. 17 Accordingly, he has failed to establish a constitutionally

Khalid v. Citrix Systems Inc

District Court, W.D. Washington · Apr 14, 2021

Chamberlin, 673 P.2d 22 610, 612 (Wash. 1983) (internal quotation and citation omitted). 23 The preclusive effect of state court judgments has been qualified with respect to 24 matters that are within … statute, ordinance, regulation, custom, or usage, of any State or Territory” when 2 depriving a party of his rights, privileges or immunities

National Products Inc. v. Pioneer Square Brands Inc.

District Court, W.D. Washington · Jan 28, 2026

But the 18 Court is constrained by the strong language in Cray, which “clearly requires that venue be laid 19 where ‘the defendant has a regular and established place of business,’ not where the defendant’s 20 employee … place of business” language in § 1400(b); therefore, a “corporation’s 14 principal place of business would easily qualify as a regular and established one.”

Jacobson v. BNSF Railway Company

District Court, W.D. Washington · Jan 22, 2021

Jacobson “clearly had long and intense exposure to diesel exhaust” during 8 his employment, and that “[e]xposure to diesel exhaust is a known risk factor for the 9 development of renal cancer.” (Id.) … Chiodo is qualified to offer an industrial hygiene 10 opinion—even though BNSF does not question Dr. Chiodo’s qualifications. (See MSJ 11 Resp. at 19-20; see MSJ at 7 (acknowledging that Dr.

Rogers v. Reichard

District Court, W.D. Washington · Jan 4, 2024

To establish liability for a conspiracy in an action brought under § 1983, a plaintiff must 14 “demonstrate the existence of an agreement or meeting of the minds” to violate constitutional 15 rights. Crowe v. … Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1990) (as amended)). 12 Thus, any amended complaint must clearly identify each intended Defendant, the constitutional 13 claim(s) asserted against each Defendant

Tabb v. NaphCare

District Court, W.D. Washington · May 1, 2024

Finally, the County Defendants 6 contend that they are entitled to qualified immunity. … No. 121 at 7, negligence is insufficient to establish a Fourteenth 19 Amendment violation, see Gordon v.

King v. Commissioner of Social Security

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

This 22 argument is unpersuasive and clearly belied by the record. … This argument, absent more, fails to establish error 16 in the ALJ’s evaluation.

Adamson v. Pierce County

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

While Defendants correctly point out 13 that Plaintiffs have not identified any specific false statement (Topic 2) or breach of policy 14 (Topic 3), Dkt. 106 at 4, Plaintiffs’ goal is clearly to identify whether evidence … Thus, Plaintiffs have established an 3 adequate factual basis to allow limited meta-discovery regarding text messages and text 4 messaging policies after 2019.

Cousins v. Commissioner of Social Security

District Court, W.D. Washington · Jan 24, 2024

Tr. 1-3. 3 THREE-STEP PROCESS FOR EVALUATING CHILD DISABILITY 4 To qualify for SSI benefits, a child under the age of eighteen must have “a medically 5 determinable … Plaintiff’s conclusory reference to error 15 fails to establish a meaningful challenge to the ALJ’s analysis.

Stormans, Inc. v. Selecky

854 F. Supp. 2d 925 · District Court, W.D. Washington · Feb 22, 2012

However, the only state that has clearly gone as far as Washington in requiring pharmacies to stock Plan B is Illinois. … Here, the evidence at trial establishes that the Regulations have been selectively enforced.

Beeman v. City of Sedro Woolley

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

This testimony clearly conflicts with the testimony of Officers 1 Officer Hannawalt proceeded to have the driver perform field sobriety tests and Plaintiff 2 continued to be disruptive. … Plaintiff also alleged that Defendant conspired with its 7 employees to deprive him of his equal privileges and immunities under the laws in violation of 8 42 U.S.C. § 1985(3). Id. at ¶¶ 5.1–5.4.

Moriarty v. Port of Seattle

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

“Judgment on the pleadings is proper 10 when the moving party clearly establishes on the face of the pleadings that no material issue of 11 fact remains to be resolved and that it is entitled to judgment as a matter of … No. 30 at 21 (“Plaintiff has clearly alleged that officials of the Port, including CEO 12 Metruck, Port commissioners, Health and Safety Senior Manager Theresa Cummings, HR 13 Director Katy Gerard, and others, conspired

Greenwood v. Steele

District Court, W.D. Washington · May 30, 2023

The Court 12 explained that Plaintiff’s pleading was lengthy, confusing, contained numerous redundancies, 13 and failed to clearly articulate plausible claims for relief against all of the named Defendants. … Plaintiff complains that because of this lack of 10 training, patients with such disorders are repeatedly sent to “sick call” rather than directed to 11 providers qualified to evaluate and treat the disorders, and that

Deane v. Pacific Financial Group Inc

District Court, W.D. Washington · Sep 28, 2020

Then Finney was contacted by a third broker about a client who eventually ended 3 up making a qualifying offer on the property. … While all these allegations are clearly intended to insinuate 17 something underhanded and nefarious, there is not a single direct allegation that this 18 witness was solicited to terminate his company’s relationship