Case law

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  • Carlson

    District Court, W.D. Washington · Dec 5, 2025

    Lynch qualified to offer 2 expert testimony on infectious diseases and COVID-19 mitigation strategies. See 3 Petersen v. Snohomish Reg’l Fire & Rescue, No. C22-1674, 2024 WL 278973, at *6 4 n.13 (W.D. Wash. … He explained that vaccines and masks are 17 “complements[,] not a substitute”—masks provide external protection during work 18 hours, while vaccines provide internal immunity around the clock. Id. ¶ 53.

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  • Julian v. Commissioner of Social Security

    District Court, W.D. Washington · Nov 8, 2022

    The Commissioner 16 argues that “the record fails to establish any shoulder impairment that the ALJ was required to 17 consider” and that the 2012 MRI is not in the record and has a remote date. … See Smolen, 80 F.3d at 1289 (“[W]holesale dismissal of the testimony of 5 all the witnesses as a group . . . does not qualify as a reason germane to each individual who 6 testified.”).

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  • Dental Health Services Inc v. Miller

    District Court, W.D. Washington · Apr 6, 2023

    Aug. 08, 2018) (finding that plaintiff’s client 18 information, pricing, and strategic business and marking plans qualified as trade secrets); 19 Earthbound Corp. v. MiTek USA, Inc., No. … Cal., 13 F.3d 7 1313, 1320 (9th Cir. 1994)), and require the moving party to shoulder a “doubly demanding” 8 burden of establishing “not simply that [it] is likely to succeed,” but that “the law and facts clearly 9

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  • City of Pontiac Police and Fire Retirement System v. ZoomInfo Technologies Inc

    District Court, W.D. Washington · Dec 12, 2024

    See Dkt. 55 at 6–7. 12 Finally, as discussed further below, the Ohio Funds have selected qualified counsel to 13 represent the Class. See id. at 7; see generally Dkt. 36-4; Dkt. 36-5. … Wong, 2019 WL 2010706, at *2 (quoting 15 U.S.C. 10 § 78u–4(a)(3)(B)(v)); see also In re Cavanaugh, 306 F.3d at 734 (“While the appointment of 11 counsel is made subject to the approval of the court, the [PSLRA] clearly

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  • Fahey v. Commissioner of Social Security

    District Court, W.D. Washington · Dec 10, 2019

    Wilder’s opinions could establish disability directly or could establish limitations not 1 included in the RFC, in which case the ALJ may have relied at step five on jobs Plaintiff cannot 2 perform. See Hill v. … Because 15 Plaintiff was not working in September 2015, the Health Summary information was clearly 16 historical, not current.

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  • Poe v. Commissioner of Social Security

    District Court, W.D. Washington · Sep 27, 2024

    Good cause exists when new and 8 material evidence is provided, a clerical error has occurred, or the evidence that formed the basis 9 of the decision clearly shows an error. … Proper Remedy is Remand for Further Proceedings 5 Remand for an award of benefits “is a rare and prophylactic exception to the well- 6 established ordinary remand rule.” Leon v.

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  • Soto Palmer v. Hobbs

    District Court, W.D. Washington · Aug 10, 2023

    As 7 recognized by the Senate when enacting Section 2, such appeals are clearly a circumstance 8 … district in which minority voters have the potential to elect representatives of their own 4 5 choice – the key to the Section 2 analysis – qualifies

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  • Taltech Ltd. v. Esquel Enterprises Ltd.

    410 F. Supp. 2d 977 · District Court, W.D. Washington · Jan 19, 2006

    The only time that the claims clearly describe one garment component abutting another is when there is no bonding element between them. … In other words, there was no “numerical qualifier” in the claim language. Id. Furthermore, the written description did not restrict the invention to only one chamber. Id.

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  • Alexander v. Commissioner of Social Security

    District Court, W.D. Washington · Jul 19, 2022

    Plaintiff essentially argues that the ALJ is not 14 qualified to consider whether Dr. … In rejecting lay testimony, the ALJ need not cite the 9 specific record as long as “arguably germane reasons” for dismissing the testimony are 10 noted, even though the ALJ does “not clearly link his determination to

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  • Nacif v. Athira Pharma Inc

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

    jpet.aspetjournals.org/content/344/1/141 indicates that Article 3 was accepted in early October 2012 and appeared in the January 2013 issue of the 22 || Journal of Pharmacology and Experimental Therapeutics. 23 1 which clearly … (A) Neuromast of a Brn3c:mGFP transgenic zebrafish with clearly labeled hair cell boundaries. (B) Anti-c-Met labeling (red punctae) is present throughout the neuromast.

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  • Lisoski v. King County

    District Court, W.D. Washington · Sep 2, 2025

    Dkt. # 28-1 at ¶ 8.5 “Based on available data at the time . . . , work in 11 large spaces like pool facilities or even outdoors was not clearly associated with a 12 … There is no evidence, however, that such additional activities constituted an alternative position that was empty and for which plaintiff was qualified.

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  • National Parks Conservation Association v. US Department of the Navy

    District Court, W.D. Washington · Nov 20, 2020

    Exemption 6 protects “personnel and medical files and similar files the disclosure 8 of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. 9 § 552(b)(6) (emphasis added). … Whether all persons whose 16 names have been redacted qualify, and were disclosed, as “preparers” is unclear.

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  • Waste Action Project v. Girard Resources & Recycling LLC

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

    WAP’s 15 structure is clearly sufficient to establish standing pursuant to SFFA. 16 Nevertheless, Russell is a voluntary WAP member, supports its mission, receives case 17 updates from WAP, and participates … attempted to rectify and address 2 some of Plaintiff’s claims, including by establishing an SWPPP.

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  • Wagafe v. Biden

    District Court, W.D. Washington · Sep 7, 2023

    Kamakana, 447 21 F.3d at 1179. 22 Additionally, in the Western District of Washington, parties moving to seal documents 23 must comply with the procedures established … As noted above, the Court defers ruling on several 22 documents, including the parties’ summary judgment briefing, so that Defendants 23 may provide a version of said documents clearly notating the

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  • Miller v. Sawant

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

    “The court should consider the entire communication and note whether the 21 speaker qualified the defamatory statement with cautionary ‘terms of apparency.’” Id. … This factor clearly favors Sawant. 18 c.

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  • Brown v. Commissioner of Social Security

    District Court, W.D. Washington · Apr 13, 2020

    While 22 still considered, a GAF score cannot alone be used to “raise” or “lower” someone’s level of 23 function, and, unless the reasons behind the rating and applicable time period are clearly explained, 1 it does … Because 10 the Court finds no such errors, this restating of arguments does not establish error at steps four or 11 five. Stubbs-Danielson v.

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  • Olson v. Armada Corp

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

    The Olsons make no argument that the debts owed to Armada did not qualify 11 as community property (see generally Pls. MSJ Resp.; Pls. … If the February 7, 2019 call is 16 established as the “first communication,” then “Armada had to send [Mr.

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  • Brees v. HMS Global Maritime Inc

    District Court, W.D. Washington · Jan 6, 2020

    complained of was committed by a person acting under color of state law, and (2) the conduct 9 deprived a person of a right, privilege, or immunity … Plaintiff simply writes that the 22 complaint “clearly names” them as HMS Ferries employees and then copies his § 1983 claims 23

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  • Howard v. Commissioner of Social Security

    District Court, W.D. Washington · Aug 15, 2025

    Dkt. 14 at 14-16. 20 But as discussed above, plaintiff does not point to any evidence that establishes that 21 plaintiff’s CFS was an MDI (this fatigue is to be distinguished from the more general 22 allegations of … Rather than the title of “Dr.”, despite licensing requirements 20 under Washington law that establish these are physicians with a separate licensure- 21 qualifying process).

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  • Carinio v. Commissioner of Social Security

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

    AR 4937. 9 The medical record shows that plaintiff established care with the Veteran’s 10 Administration medical system after community outreach by VA staff; and he … Providing another opportunity to assess improperly evaluated evidence does 12 not qualify as a remand for a “useful purpose” under the first

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