Case law

Taber v. Cascade Designs Incoporated

District Court, W.D. Washington · Dec 8, 2023

Contributions 2 were to be made quarterly, and the funds could be used for qualified medical expenses. … Defendants move for summary judgment on these counts, 2 arguing that Plaintiff has not established a prima facie case. See Dkt.

Taber v. Cascade Designs Incoporated

District Court, W.D. Washington · Dec 11, 2023

Contributions 5 were to be made quarterly, and the funds could be used for qualified medical expenses. … Defendants move for summary judgment on these counts, 6 arguing that Plaintiff has not established a prima facie case. See Dkt.

Spencer

District Court, W.D. Washington · Mar 31, 2026

App. 16 2d 71, 74, 83, 479 P.3d 724 (2020) (analyzing the same railway corridor at issue here and 17 concluding that “[t]he County is immune from adverse possession claims for its public lands 18 under RCW 7.28.090 … As explained above, King County has established that it is entitled to judgment as a 8 matter of law regarding its ownership of the ROW.

Kamat v. United States Citizenship and Immigration Services

District Court, W.D. Washington · Jan 30, 2024

See 8 C.F.R. § 204.6. 14 After establishing the EB-5 program, Congress created another pathway to qualify for an 15 … Kamat concludes that the second TRAC factor “is 1 simply to determine whether Congress intended any time frames, which these clearly do. 2 [Therefore] Mr.

T-Mobile USA Inc v. Selective Insurance Company of America

District Court, W.D. Washington · Apr 1, 2021

If the moving 4 party will bear the burden of persuasion at trial, it must establish a prima facie showing in 5 support of its position on that issue. UA Local 343 v. … (Id.) 3 According to Selective, this exclusion “clearly bars all potential coverage” for two 4 reasons.

Thomas Miller Specialty Offshore v. Electron Hydro LLC

District Court, W.D. Washington · May 8, 2025

If the allegations are conceivably covered, the Court must determine 23 whether a policy exclusion clearly and unambiguously applies to bar coverage. … Defendants do not clearly state—nor can the Court discern—how Thomas Miller 4 violated this regulation.

United States Fidelity and Guaranty Company v. Ulbricht

District Court, W.D. Washington · Jan 12, 2022

In Powers, the Washington Supreme Court found that the lessees 17 had “clearly” established the existence of an oral lease-purchase agreement but 18 nevertheless asserted that a weaker evidentiary showing would have sufficed … Hatley’s testimony as an expert witness (see USF&G MSJ Reply), and the court, having reviewed his testimony and credentials, finds that he is qualified, based on his knowledge and experience, to offer relevant and

Conti v. Corporate Services Group, Inc.

30 F. Supp. 3d 1051 · District Court, W.D. Washington · Jul 10, 2014

A court can award fees where a paralegal performs legal (as opposed to clerical) work, does so under the supervision of an attorney, and is qualified “to perform substantive legal work.” Absher Constr. Co. v. Kent Sch. … But counsel was apparently somewhat immune to risk; as the court noted, it pursued claims and legal theories that had little or no chance of success, and invested inordinate effort in suing Mr. Anderson and Ms.

Intellicheck Mobilisa, Inc. v. Wizz Systems, LLC

173 F. Supp. 3d 1085 · District Court, W.D. Washington · Mar 28, 2016

A pat-entee could do so, for example, by clearly characterizing the invention in a way to try to overcome rejections based on prior art. Id. … The court fails to see how this broad statement could qualify as a clear statement of scope that support’s IDScaris proposed definition.- Further, just a few lines below the above-quoted statement, the patentee describes

Gray

District Court, W.D. Washington · Jul 20, 2026

ledger recording which of his items suffered water damage. 4 Therefore, while the Court agrees that “water” should be given its plain and ordinary meaning, it 5 cannot say as a matter of law that Plaintiff’s loss qualifies … Such litigation costs clearly flow from Defendant’s initial 19 denial of coverage incorrectly premised on the presence of roof rats.

Arzola

District Court, W.D. Washington · Apr 17, 2026

This Court “joins many others in finding that 13 humanitarian parole can establish the same kinds of liberty interests described in Morrissey.” 14 Torres v. … Such actions clearly pose Due Process concerns. 3 What is more, Petitioner is currently detained without any clear statutory authority.

SRS Distribution Inc v. Achten Quality Roofing Inc

District Court, W.D. Washington · Sep 9, 2024

There is also no doubt that 21 Priscilla and Ruby Achten, who are John Achten’s daughters, qualify as “insiders” within the 22 meaning of Washington Revised Code § 19.40.041(2). See Wash. Rev. … The contract terms are clearly stated, 23 and Defendants did not perform.

Erhart v. Trinet HR Xi Inc

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

Id. at 48 (quoting Satomi Owners Ass’n v. 15 Satoma, LLC, 167 Wn.2d 781, 810, 225 P.3d 213 (2009)). 16 Under Washington contract law, “incorporation by reference does not, in itself, establish … Erhart “clearly and unequivocally” 16 “incorporates the TCA in full, including its arbitration provision.” Dkt. 17 at 5–6.

Soleman v. Commissioner of Social Security

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

P, App’x 1 at § 1.00(F)(2)(c) 5 (requiring positive straight leg raise test to establish a listed impairment involving compromise 6 of a lumbar spine nerve root). … Easley clearly stated Plaintiff only needed a cane for walking more 2 than ten minutes. Id. at 2169. The ALJ offered no reason to discount this limitation. 3 The ALJ found Ms.

Parish v. Commissioner of Social Security

District Court, W.D. Washington · Nov 16, 2020

See Garrison, 759 F.3d at 1015 n.20 (“[W]e doubt that epidural 23 steroid shots to the neck and lower back qualify as ‘conservative’ medical treatment … These findings do not clearly or convincingly contradict 24 1 Plaintiff’s testimony that he had difficulty getting along with coworkers, following

Ten Bridges LLC v. Midas Mulligan LLC

District Court, W.D. Washington · Feb 25, 2021

This statute provides that “[a] person who communicates a complaint or 18 information to any branch or agency of federal, state, or local government . . . is immune 19 from civil liability for claims based upon the communication … Four of the 5 five factors clearly weigh toward amendment. First, the court does not find that 6 Madrona’s amendment was in bad faith.

Lo v. United States

District Court, W.D. Washington · Apr 5, 2022

Dagher is qualified to opine on causation, the second type of opinion that 2 the Government offers him to provide, is a more difficult call. In stating that Dr. … Bates’s opinions or other evidence that Plaintiff objects to so clearly irrelevant 14 to the issues at hand that they warrant exclusion at this stage. 15 Again, as with his request to exclude evidence regarding

Baker v. O'Reilly

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

This determination clearly highlights the fact that the video 10 evidence here should have been preserved and would have been preserved had DOC properly 11 trained its staff. … The fee request should be limited to establishing the 8 number of hours reasonably expended, the rate requested, and the reasonableness of the rate 9 requested.

Swensen v. Nationstar Mortgage LLC

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

Id. ¶ 11(b). 19 Consistent with Nationstar’s established record-keeping practices, Mr. … Piper, 447 U.S. 752, 764 (1980)). 22 Here, Plaintiffs fail to establish that sanctions for spoliation of evidence are warranted. 23 While Plaintiffs do establish that Defendants have not retained internal

Harris by and Through Ramseyer v. Blodgett

853 F. Supp. 1239 · District Court, W.D. Washington · May 17, 1994

Parkhurst was a qualified ballistics expert, capable of rendering an expert opinion on the entries of the bullets in relation to the precise cause of death. … The problem created by the lack of standards can be clearly seen in the Harris decision.