Case law

Townsend v. Brooks Sports, Inc.

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

No. 130-3 at 4 (“The described 11 behavior of this material is clearly dilatant behavior.”). … and established 19 place of business’ [there].”

White v. Skagit Bonded Collectors LLC

District Court, W.D. Washington · Jun 7, 2022

No. 9-17. 12 While those conversations were ongoing, the Whites learned in early November 2020 that 13 they would not qualify for a loan on the new home they were purchasing … White. 19 Once a plaintiff establishes a per se violation of the WCPA, as Mrs.

Pilz v. Inslee

District Court, W.D. Washington · May 27, 2022

This action is clearly not the appropriate vehicle for resolving individual, as-applied 6 claims of Plaintiffs who have little in common except … Free Exercise Clause 12 The First Amendment states that “Congress shall make no law respecting an establishment 13 of religion, or prohibiting the free exercise thereof

McWashington v. Nordstrom Inc.

District Court, W.D. Washington · Jun 23, 2025

selected for comparison purposes (2020), a 12 portion of the Fidelity plan’s participants (i.e., most, if not all, of Fidelity’s then-current 13 employees) paid, in effect, no RKA or other fees, and the Fidelity plan is clearly … Supp. 3d at 17 923 (quoting Use of Forfeitures in Qualified Retirement Plans, 88 Fed.

Meyers

District Court, W.D. Washington · Aug 14, 2026

to a mandatory and sua sponte review and dismissal by the Court 7 to the extent it is frivolous, malicious, fails to state a claim upon which relief may be granted, or 8 seeks monetary relief from a defendant who is immune … distribute photographs of Plaintiff, 22 his domestic partner, and their dogs to Agency employees, thanking them ‘for their help’” on the 23 day she filed her protective order petition (id. ¶ 35), does not, without more, qualify

Fraze v. American Behavioral Health Systems Inc

District Court, W.D. Washington · Jul 13, 2023

Defendant further contends Plaintiff cannot 7 establish Defendant created and maintained a hostile work environment. … “[A]ctual or threatened sexual assault” can 19 qualify as a single traumatic event. Id. at 2(b).

Hunters Capital LLC v. City of Seattle

District Court, W.D. Washington · May 9, 2022

If all Rule 23(a) criteria are 12 met, Plaintiffs must also establish that the proposed class qualifies under at least one of 13 the three provisions of Rule 23(b). See Comcast, 569 U.S. at 33. … The intent must be “clearly expressed within the provision—it will not be implied.” Ravenscroft v. Wash. Water Power Co., 136 Wn.2d 911, 930, 969 P.2d 75 (1998).

Johnson v. Air & Liquid Systems Corporation

District Court, W.D. Washington · Aug 23, 2024

And a party removing a case under Section 1442(a)(1) must be able to establish, among 14 other things, (1) that “there is a causal nexus between its actions, taken pursuant to a federal 15 officer’s directions, and plaintiff … unlike the ambiguous discovery requests and responses discussed 20 above, Robert Stubblefield’s declaration and deposition testimony clearly

Jaeger v. BNSF Railway Company

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

Here, the record before the Court is inadequate to justify a ruling in 21 BNSF’s favor, and there are clearly issues of material fact as to the condition of the 22 walkway and BNSF’s knowledge of the walkway’s condition … Plaintiff argues that both the 4 Beam and Amans Declarations are hearsay but provides no further context or explanation 5 as to how Plaintiff’s statements fail to qualify as a party admission under Federal Rule of

Q v. Commissioner of Social Security

District Court, W.D. Washington · Feb 10, 2025

Specifically, Defendant argues that “Plaintiff does not cite to any 23 element of [ARNP] Michael’s notes that establish workplace limitations, let alone limitations 24 greater than those the ALJ assessed.” … Johnson wrote, 7 “[h]er judgment is clearly impaired during severe mood episodes.” AR 764. 8 In Plaintiff’s prognosis, Dr.

Atkinson v. Aaron's LLC

District Court, W.D. Washington · May 10, 2024

Robins (Spokeo I), 578 U.S. 330, 338 (2016) as revised (May 24, 2016) (“[T]he plaintiff 19 must clearly allege facts demonstrating each element.” … He also declares that he was qualified for the position he 13 applied for at Washington Fine Wine & Spirits, and he intended to seek that position. Id. ¶¶ 17-18. 14 Mr.

Atkinson v. Aaron's LLC

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

Robins (Spokeo I), 578 U.S. 330, 338 (2016) as revised (May 24, 2016) (“[T]he plaintiff 19 must clearly allege facts demonstrating each element.” … He also declares that he was qualified for the position he 13 applied for at Washington Fine Wine & Spirits, and he intended to seek that position. Id. ¶¶ 17-18. 14 Mr.

National Products Inc v. Innovative Intelligent Products LLC

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

Federal Rules of Evidence 9 Federal Rule of Evidence 702 provides that a witness who is qualified as an expert by 10 knowledge, skill, experience, training, or education may … (Id. at 94.) 15 The parties’ experts clearly differ concerning what percentage of Defendant’s sales 16 would have gone to Plaintiff but for the alleged infringement

Seifert v. Commissioner of Social Security

District Court, W.D. Washington · Oct 17, 2022

The injections in Garrison were 7 epidural steroid injections to the neck and lower back, which the Ninth Circuit doubted qualified 8 as “conservative” medical treatment. Garrison, 759 F.3d at 1015 n.20. … Further, the ALJ has no 20 duty to develop the record in order to establish disability. Id. at 461; see also Tidwell v.

Hoff v. Commissioner of Social Security

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

All of her providers were 6 qualified to observe her psychiatric state, however. Sprague v. … While “no acute distress” is not defined, it clearly does not indicate Plaintiff is not in pain. 18 The Court therefore concludes the ALJ’s finding that the medical evidence contradicted 19 Plaintiff’s testimony was not

NXP USA Inc v. Impinj Inc

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

For the patentee’s unique definition to govern, the patentee 23 must “clearly set forth a definition of the disputed claim term other than its plain and ordinary 24 meaning. Id. … Cir. 1998) (noting that it is a “well-established 22 principle that a court may not import limitations from the written description into the claims”); 23 SciMed Life Sys., Inc. v.

Rohani v. Blinken

District Court, W.D. Washington · May 27, 2025

. § 1361; see also id. 17 § 1201(a)(1) (providing that a consular officer “may” issue a visa to a qualifying applicant). 18 2. … Plaintiffs respond that although “Congress may delegate to executive officials the discretionary 17 authority to admit noncitizens immune from judicial inquiry or interference,” it has not done so 18 here. Dkt.

Haldiram India (P) Ltd v. Punjab Trading, Inc.

District Court, W.D. Washington · Nov 12, 2025

quo by preventing a party from taking action,” while mandatory injunctions “alter[] the status quo 8 by requiring a party to take action and thus place[] a higher burden on the plaintiff to show the 9 facts and law clearly … injunction motion 8 does not complain that Punjab is using Haldiram’s Marks on such other products, and Court has 9 not analyzed whether Haldiram’s gray market goods outside of those manufactured in India would 10 qualify

Mills v. Commissioner of Social Security

District Court, W.D. Washington · Jun 9, 2022

Providing another opportunity to assess improperly evaluated evidence does not 18 qualify … Astrue, 504 F.3d 1028, 1041 (9th Cir. 3 2007) (“[W]e will not remand for further proceedings where, taking the claimant's 4 testimony as true, the ALJ would clearly be required to award benefits.”). 5 Accordingly

Taber v. Cascade Designs Incoporated

District Court, W.D. Washington · Jul 21, 2022

Nat’l Wildlife Fed’n, 497 U.S. 871, 888 (1990). 1 To establish that a fact cannot be genuinely disputed, the movant can either cite the 2 record or show “that the materials cited do not establish … She claims that 8 PTO “qualifies as a wage” and thus requests not only reimbursement for the allegedly unpaid 9 PTO but also double liquidated damages, double punitive damages, and interest.