Case law

Westboro Condominium Association v. Country Casualty Insurance Company

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

- 7 1 hidden behind the buildings’ siding; (2) were not conducted by qualified … Thus, the mere absence of a 14-day 15 storm during the policy period does not necessarily establish the absence of a 14-day seepage 16 event.

Snelling v. Commissioner of Social Security

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

Simply providing another opportunity to assess 10 improperly evaluated evidence, allowing the ALJ to have a “mulligan”, does not qualify as a 11 remand for a “useful purpose” under the first part of the credit as true … where, taking the claimant’s testimony as true, 23 24 1 the ALJ would clearly

Snelling v. Commissioner of Social Security

District Court, W.D. Washington · Oct 2, 2019

Reade’s full opinion clearly 7 contradicts Plaintiff’s strained interpretation of the amount of time Plaintiff would be off- 8 … McGuire 19 indicated that Plaintiff met one of seven qualifying conditions for a disabled parking 20

Mooney v. Roller Bearing Company of America Inc

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

employer has failed to provide the notice required in paragraph (d) of 19 this section.” 29 C.F.R. § 825.312(e).8 Once the employer has enough information to determine 20 whether the leave is being taken for an FMLA-qualifying … At the same time, “[t]he FMLA does not provide employees with 11 immunity from termination.” Jergens v. Marias Med. Ctr., No.

Shu v. Ma

District Court, W.D. Washington · Oct 18, 2022

Nat’l Wildlife Fed’n, 497 U.S. 871, 888 (1990). 6 The Court will, however, enter summary judgment “against a party who fails to make a 7 showing sufficient to establish the existence of an element essential to that … Evid. 604 (“An interpreter must be qualified and must 21 give an oath or affirmation to make a true translation.”). 22 III.

Vorhees v. Esurance Insurance Services Inc

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

GEICO, this Court cannot clearly state that Esurance was 10 obligated to pay Mr. … Expert testimony 19 is admissible under Federal Rule of Evidence 702 if the expert is qualified and if the 20 testimony is both relevant and reliable. Fed. R. Evid. 702; see also Hangarter v.

Beatty v. Commissioner of Social Security

District Court, W.D. Washington · Apr 4, 2022

plaintiff was 54 years old and under the 23 “closely approaching advanced age” category, but also two months away from turning 24 1 55 and qualifying … The “specific and legitimate reasons” 19 language used by the Ninth Circuit in precedent is an appellate standard – established 20 in Murray v.

Iceberg v. Olson

District Court, W.D. Washington · May 19, 2025

North Coast Opportunities, Inc., 118 F.3d 1338, 1343 (9th Cir. 1997); (3) the case seeks money damages from immune defendants, Franceschi v. … For that reason, 22 any amended complaint must clearly identify the defendant, the claim asserted, the specific facts 23 that Mr. Iceberg believes support the claim, and the specific relief requested. If Mr.

Keith v. Commissioner of Social Security

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

See Popa v. 16 Berryhill, 872 F.3d 901, 906 (9th Cir. 2017) (activities such as shopping for groceries, 17 attending church every week, or watching television, did not establish plaintiff could 18 maintain regular work … determine whether “essential 9 factual issues” have all been resolved). 10 The Court is mindful that providing another opportunity to assess improperly 11 evaluated evidence does not qualify

Inventist, Inc. v. Ninebot, Inc.

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

Smith, but Defendant cannot clearly articulate its 13 theory of the disputed claims solely by poking holes in Plaintiff’s. … Opp’n to SJ, Dkt. 132 at 13 (noting that, although 11 products Plaintiff licensed to other companies qualify as noninfringing alternatives, Plaintiff

Vaughn v. Cohen

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

Loren knew about and participated in the 22 efforts to delay, defraud, and hinder creditors is directly relevant to his defense that he is immune … For example, Amara argues that the 15 notes qualify as present sense impressions under Fed. R. Evid. 803(1). Amara also argues that 16 that are admissible as a recorded recollection under Fed. R.

Genuine Enabling Technology LLC v. Nintendo Co Ltd

District Court, W.D. Washington · Mar 31, 2025

For the reasons explained below, the Court concludes 4 that Nintendo has not met its burden of establishing this invalidity defense. 5 1. … Thus, even if a “qualifier” is required, the ’730 Patent clearly 12 articulates a context for the terms “input port” and “output port,” and the terms are not 13 indefinite.

Louis v. Hartford Life and Accident Insurance Company

District Court, W.D. Washington · Jan 3, 2020

To qualify for benefits under the terms of the Plan, Plaintiff had to prove that his 19 medical condition or diagnosis rendered him unable to … Only in those instances where circumstances clearly establish that it is necessary 4 to consider additional evidence for an adequate review will the court consider additional evidence. Id.

Chapin v. The Prudential Insurance Company of America

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

claimant is indeed globally debilitated from both a psychiatric and 27 cognitive perspective, such an assessment will clearly … To establish 7 entitlement for the first 24 months, Plaintiff must establish that he is unable to perform 8 the material and substantial duties of his regular occupation, regardless of specific 9 employer or location

Sager v. Commissioner of Social Security

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

Lang, Leinenbach and Irwin, is not, in itself, a reason for choosing one 14 doctor’s opinion over the others; rather, it only establishes an issue the ALJ must 15 resolve. See Andrews v. … further proceedings in this case would be of limited utility, as no new testimony or 2 medical evaluations would be forthcoming, and providing another opportunity to assess 3 improperly evaluated evidence does not qualify

Benson

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

Benson did not have a qualifying 19 impairment (or combination of impairments). AR 24. … O'Malley, 95 F.4th 1194, 1199 (9th Cir. 2024). 24 1 As the ALJ acknowledged, Benson presented medical evidence establishing

Ferrie v. Woodford Research LLC

District Court, W.D. Washington · Jul 14, 2020

Motion at 7. 11 Even if Ferrie was targeted, his allegations and declaration only establish a link to him 12 personally, not the forum. Id. … Senters also qualified these statements by describing Arbitraging as 21 “sketchy” and warning viewers about over-exposure.

State of Washington v. Trump

District Court, W.D. Washington · Feb 27, 2020

First, the projected tax revenue loss is sufficient to establish 5 standing for Article III purposes. … In order to qualify as “military construction,” the statute requires that the 20 construction be “carried out with respect to a military installation

Chiccino v. Commissioner of Social Security

District Court, W.D. Washington · Jun 18, 2020

Social Security regulations and Ninth Circuit case 9 law establish that an inability to afford treatment or access low cost medical services 10 can be a legitimate reason for not seeking medical treatment. … 1028, 1041 (9th Cir. 2007) (“[W]e will not remand for further 17 proceedings where, taking the claimant's testimony as true, the ALJ would clearly

Evanston Insurance Company v. NW Classic Builders LLC

District Court, W.D. Washington · Feb 2, 2024

above standards and interpreting the Residential Exclusion strictly against 23 24 the insurer, the Court nevertheless finds that this exclusion clearly … determine whether the housing development upon which Flores was working at the time of the 28 accident qualifies