Case law

United States v. Electron Hydro LLC

District Court, W.D. Washington · Aug 31, 2023

But, as clearly indicated in the Corps’ verification letter, this was based on the 6 “proposal as depicted [by Electron] on the enclosed drawings dated March 28, 2017.” … In addition, the Tribe’s argument that, in 9 fact, the original project did not qualify under NWP 3 authority in the first place, (see Dkt.

El-Shawary v. U.S. Bank National Association

District Court, W.D. Washington · Nov 8, 2021

At most, this document establishes that Plaintiff called 24 Nationstar on October 30, 2015, and received information about loan modifications. … proposals that he rejected. 24 25 10 Plaintiff concedes that “I never qualify

Cedar Park Assembly of God of Kirkland, Washington v. Kreidler

District Court, W.D. Washington · May 16, 2023

Under SB 17 6219, it is therefore also required to provide “substantially equivalent coverage to permit 18 the abortion of a pregnancy” unless it qualifies for an exemption. … It bases its 17 argument on this conclusion from the Ninth Circuit: “Kaiser Permanente dropped Cedar 18 Park’s abortion coverage restrictions due to SB 6219, and there is no evidence in the 19 record clearly demonstrating

Western Towboat Company v. Vigor Marine LLC

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

Western’s argument fails. 14 Even if the Court considered Western’s untimely argument, Vigor is clearly … insured and insurer (and other insurers, if any, who have also paid portions of the loss) 19 have substantive rights against the tortfeasor which qualify

Doe 2 v. Noem

District Court, W.D. Washington · Apr 25, 2025

And in this case, 2 Plaintiffs’ monetary harms may in fact be irreparable, because the APA does not waive the 3 United States’ sovereign immunity as to money damages. See Oruganti, v. … In numerous similar cases regarding F-1 visas around the 22 nation in recent days, courts have concluded that “[t]he loss of timely academic process alone is 23 sufficient to establish irreparable harm.”

Groeschel

District Court, W.D. Washington · Jun 4, 2026

Nor must the opposition take any particular form—an informal complaint 4 may qualify. See Passantino v. … That four-day 15 interval establishes the temporal proximity needed for a prima facie case.

Multiscan Technologies USA LLC

District Court, W.D. Washington · Nov 20, 2024

It also contends and demonstrates that Cohn’s assertion that he 13 never threatened infringement of the ’004 Patent is clearly contrary to the record. … The record plainly establishes an “actual controversy” 1 over the creation, ownership, and use of the patent.

Rapp v. NaphCare Inc

District Court, W.D. Washington · May 31, 2023

P. 37(e). 16 The party seeking sanctions under Rule 37(e) needs to establish “(i) the evidence at issue 17 qualifies as ESI, (ii) the ESI is ‘lost’ and ‘cannot … “[A]n offending party cannot 15 assert a ‘presumption of irrelevance’ as to destroyed material because the relevance of destroyed 16 documents ‘cannot be clearly ascertained.’”

Opico v. Convergent Outsourcing, Inc.

District Court, W.D. Washington · Apr 26, 2021

“The procedures that have qualified for the bona fide error defense were 26 consistently applied by collectors on a debt-by-debt basis.” Urbina v. Nat’l Bus. … In plaintiff’s deposition testimony, he clearly claims that he was the victim of identity theft.6 13 See Dkt. # 31-2 at 4, 7 (e.g., “Q. Do you contend that you were a victim of identity theft? A.

Council on American Islamic Relations - Washington v. United States Customs and Border Protection

District Court, W.D. Washington · Oct 5, 2020

An agency bears the 20 burden of establishing that an exemption applies. Lahr, 569 F.3d at 973. … “To qualify for exemption 5 under the ‘deliberative process’ 12 privilege, a document must be both (1) ‘predecisional’ or ‘antecedent to the

Sloan v. Port of Seattle

District Court, W.D. Washington · Sep 30, 2025

Moreover, the fact that other employees subjected to the same policies and work 21 environment did not resign—including all six of Hall’s Co-Plaintiffs, clearly establishes that, 22 even if “Plaintiff Hall felt forced … In fact, 17 Plaintiffs do not clearly allege all or even many evangelical or non-denominational Christians 18 hold beliefs against COVID-19 vaccination.

Wright v. Commissioner of Social Security

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

However, the Court cannot say that 22 the cited evidence clearly and convincingly undermines Plaintiff’s testimony concerning her 23 anxiety. … Id. 22 Only licensed physicians and certain other qualified specialists are considered 23 “[a]cceptable medical sources.” 20 C.F.R. § 404.1513(a).

Thornton v. Commissioner of Social Security

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

However, the Social Security Act 20 requires that applicants for survivor’s benefits to have been married to the decedent for nine months in order to qualify for benefits. See 42 U.S.C. § 416(g). … that clearly and definitively declares same-sex marriages will not be recognized in 11 Washington, even if they are made legal in other states.”

Pickrell v. Commissioner of Social Security

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

years for a final disposition, and 4 remanding this case to confirm what is already evident from the existing record, the 5 overwhelming evidence that Plaintiff could not work during the period at issue, does not 6 qualify … Astrue, 504 F.3d 1028, 1041 (9th Cir. 2007) (“[W]e will not 11 remand for further proceedings where, taking the claimant's testimony as true, the ALJ 12 would clearly be required to award benefits.”).

Whitman v. State Farm Life Insurance Company

District Court, W.D. Washington · Sep 20, 2021

Plaintiff must 16 establish predominance by a preponderance of the evidence. Olean Wholesale Grocery 17 Cooperative, Inc. v. … First, Witt 25 clearly relied on his experience as an actuary and insurance advisor in rending his opinion. 26 Second, the model’s methodology

Zunum Aero Inc v. The Boeing Company

District Court, W.D. Washington · Jun 13, 2022

“Judgment on the pleadings is proper when the moving party 8 clearly establishes on the face of the pleadings that no material issue of fact remains to be 9 resolved and that [they are] entitled to judgment as a matter … Ct. at 2283-84 (“Typically only ‘horizontal’ restraints— 9 restraints ‘imposed by agreement between competitors’—qualify as unreasonable per se.” 10 (quoting Business Elecs. Corp. v. Sharp Elecs.

Goldstine v. FedEx Freight, Inc.

District Court, W.D. Washington · Mar 11, 2021

“[I]n 14 general, intentional discrimination is enough to establish punitive damages liability.” Passantino, 15 212 F.3d at 515. … Third, FedEx renews its request 14 to exclude Feldheger’s opinion that Goldstine was qualified to return to work.

McCluskey

District Court, W.D. Washington · Jun 25, 2026

“Evidence establishing the amount is required 13 . . . only when the plaintiff contests, or the court questions, the defendant’s allegation.” … Defendant has not put forth evidence indicating the percentages of individuals in the class as 5 a whole that may have worked sufficient weekly hours to qualify for overtime pay or the 6 percentage of its workforce that

Microsoft Corporation v. Internal Revenue Service

District Court, W.D. Washington · Jan 18, 2023

The IRS has met its burden of establishing that this exemption applies. 18 19 iii. … Documents qualify as predecisional and deliberative only if 4 they “reflect[] advisory opinions, recommendations, and deliberations comprising

In re: Scandies Rose Fishing Company LLC

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

Nor has he 20 undertaken to establish paternity in Skagit County, Washington, where L.W. lives with 21 her mother. … Instead, it clearly (and in this Court’s 10 view, properly) explained that it will not entertain these issues in light of this pending 11 case.