Case law

In Re Washington Mutual, Inc. Securities, Derivative & Erisa Litigation

694 F. Supp. 2d 1192 · District Court, W.D. Washington · Oct 27, 2009

Plaintiffs establish with particularity that WaMu lowered its underwriting standards and pressured underwriters to approve loans outside of the guidelines. (¶¶ 192-223.) … This is clearly a top priority for us. We’ve invested a significant amount in terms of talent and technology in building risk management.” (¶ 502.)

New York Life Insurance Company v. Gunwall

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

’s 18 determination that Amelia had failed to raise a triable issue of fact as to whether Mark was a 19 “vulnerable adult,” or lacked testamentary capacity/was subject to undue influence in December 20 2018 is not clearly … Thus, a determination by this Court that Mark subsequently 27 qualified as a vulnerable adult at the time of the life insurance designation (October

Reynolds v. Commissioner of Social Security

District Court, W.D. Washington · Jul 27, 2021

Therefore, even if there was error in the ALJ’s evaluation 15 of Plaintiff’s skill, this error would be harmless because the ALJ’s assessment of the RFC was 16 overinclusive such that the limitations clearly applied to … Further, “at all times, the burden is on the claimant to establish her entitlement to 23 disability insurance benefits.” Tidwell v.

Hunters Capital LLC v. City of Seattle

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

At the time, “the City communicated clearly to 19 CHOP participants that they may continue occupying the area . . . because [the City is] 20 trying to do things that are responsible.” /d. at 181. … To establish a 11 violation of the Takings Clause, a plaintiff must show that “‘an independent source such 12 as state law’ . . . define[s] the range of interests that qualify for protection as ‘property’ 13 under the

Shields v. Fred Meyer Stores Inc

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

Defendant contends that 2 Plaintiff’s reliance on statements from Fred Meyer personnel identifying transactions that 3 allegedly qualify for reimbursement is improper. … In contrast, based upon 5 information provided by Defendant’s own employees, Plaintiff here clearly alleges that Fred 6 Meyer maintains an internal computer system containing all of the relevant transactions and 7

Strandquist v. Washington State Department of Social and Health Services

District Court, W.D. Washington · Aug 26, 2025

Strandquist argues that during the first trial, he moved for judgment as 11 a matter of law that “he had established he notified Defendants about his religion and the conflict 12 it created with his ability to comply … Risch reviewed reports that clearly distinguished between time periods and thus the 18 motion should be denied.

Western Towboat Company v. Vigor Marine LLC

District Court, W.D. Washington · Jun 21, 2021

The elements to establish a claim of negligence under 25 maritime law are the same as the elements of negligence under common law. … Here, Western does not dispute that the boundaries of 1 marine sanctuaries are clearly marked on navigational charts, which vessels are required to have 2 onboard.

City of Tacoma v. Western Metal Industry Pension Fund

District Court, W.D. Washington · May 28, 2025

Binding Ninth Circuit precedent clearly 19 prohibits plans from using PBGC settlement rates that ignore the plan’s actual 20 investment experience. … The City is a municipal corporation and qualifies as 13 an “employer” under ERISA §§ 3(5) and 3(14), 29 U.S.C. §§ 1002(5) and 1002(14)(C).

Dawson v. Porch.com Inc

District Court, W.D. Washington · Nov 13, 2024

Congress was 18 clearly focused on the unique problems posed by the use of random or sequential number 19 … extent Ehrlichman built, authorized, directed, and participated in GoSmith’s text message 13 campaign, his conduct would qualify

PSM Holdings LLC v. Tiny Town LLC

District Court, W.D. Washington · Feb 26, 2025

There, the court held that the plaintiff had not “clearly plead that it 21 defines its trade dress as these three marketing components taken in combination. … The plaintiff “cataloged several components of its website,” but failed to “clearly 24 articulate[] which of them constitute its purported trade dress.” Id.

S.H. v. Issaquah School District

District Court, W.D. Washington · Jan 31, 2022

that substantially interfere with the parents’ 14 opportunity to participate in the IEP formulation process, result in the loss of educational 15 opportunity, or actually cause a deprivation of educational benefits ‘clearly … Here, Parents did not 24 choose private placement over an already established IEP. Private placement occurred because 1 of the District’s failure to meet its IDEA obligations.

Shafer

District Court, W.D. Washington · Aug 26, 2026

On May 21, 2019, ALJ Jones issued a decision and found that Plaintiff was not disabled and 19 did not qualify for DIB between September 10, 2011, and June 30, 2013, the date last insured 20 (“DLI”). AR 17. … The record does not clearly show that, if Dr. 4 Ruddell’s opinion was given great weight, Plaintiff would be found disabled on remand.

Brin v. Hartwick

District Court, W.D. Washington · Sep 16, 2025

Defendants also did not raise a qualified immunity 13 defense in this action. (See Defs. Reply at 2.) Accordingly, the issue before the court is 14 whether Defendants violated Mr. Brin’s rights. … Once “previously established probable cause has dissipated[,]” the arrested 2 person “must be released from arrest[.]” Nicholson v.

Vale v. City of Seattle

District Court, W.D. Washington · Jun 18, 2024

The Court must “clearly 2 specify” the fact or facts being judicially noticed. … Nov. 8, 2021) (city 7 employee vaccination requirement deemed neutral because it applied to all employees, 8 and “the City recognizes exemptions for those who qualify for accommodations due to 9 their sincerely held

Tiev v. The Standard Fire Insurance Company

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

No. 25-2 at 80. 3 It is undisputed that LPN Blachowicz, the nurse on whose evaluation 4 Mitsuyoshi relied, is not a licensed physician, chiropractor, or osteopath; is not 5 qualified to make … Standard Fire moves for summary judgment of this 5 claim, arguing that “the facts establish clearly that Standard Fire acted within the 6

Microsoft Corporation v. Internal Revenue Service

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

Documents qualify as predecisional and deliberative only if 21 they “reflect[] advisory opinions, recommendations, and deliberations comprising … Tex. 2019) (finding documents to be 12 13 clearly “pre-decisional, since they were generated prior to the IRS’s final decision to adjust 14 Plaintiff

Blackstone International Ltd v. E2 Limited

District Court, W.D. Washington · Oct 31, 2022

The Court is not persuaded that it must determine the ultimate admissibility of the evidence because the admissibility of personal 18 jurisdiction evidence is not clearly relevant at the motion to dismiss stage. … To qualify, the alleged act 15 must have had the “capacity to deceive a substantial portion of the public.”

United States v. Washington

129 F. Supp. 3d 1069 · District Court, W.D. Washington · Jul 9, 2015

Trites’ testimony that the hypothesized nearshore fur seal rookery would be a “biological impossibility” was not refuted by any qualified expert at trial. Id. at 91:21-23. 11.8. … (holding that “it is clearly erroneous to conclude that the Tribes customarily traveled such distances [up to 100 miles offshore] to fish” at treaty time). The Ninth Circuit agreed.

Speedie

District Court, W.D. Washington · May 29, 2026

The article 13b exception must be established by clear and convincing evidence. … The Seventh Circuit instructs in Walker that article 17 of the Hague 18 Convention “qualifies the finality of any state-court custody judgment

Waste Action Project v. Snoqualmie Mill Ventures LLC

District Court, W.D. Washington · Sep 21, 2021

Under Bell, jurisdictional dismissals are warranted 16 “where the alleged claim under the constitution or federal statutes clearly appears to be 17 immaterial and made solely for the purpose of obtaining federal jurisdiction … The discharges of wastewater 3 associated with these industrial activities qualify as “pollutants” without further allegations as to 4 the specific composition of the industrial stormwater. See Nat. Res. Def.