Case law

Reald Spark, LLC v. Microsoft Corporation

District Court, W.D. Washington · May 8, 2023

The party seeking to compel discovery has the 12 burden of establishing that its requests are relevant. Fed. R. Civ. P. 26(b)(1). … Ultimately, to prove its case, a plaintiff will have to “clearly refer to 10 tangible trade secret material.”

Freedom Foundation v. Department of Labor & Industries

District Court, W.D. Washington · Apr 5, 2021

It is clear upon review of the record that Policy 5.04 is sufficiently definite and objective. 14 15 The Policy clearly … not demonstrate animus. 19 Based on the foregoing, Freedom Foundation has failed to establish

Wilson Aerospace LLC v. The Boeing Company Inc

District Court, W.D. Washington · Mar 14, 2025

Second, Defendant says, 2 even if the Court reads § 1498(b) to be an affirmative defense, the TAC establishes this defense. 3 Id. at 16. … Thus, the court should not dismiss this claim unless “[t]he 15 facts necessary to determine the applicability of the discovery rule . . . clearly appear on the face 16 of the complaint.” PTP OneClick, LLC v.

WSOU Investments LLC v. F5 Networks Inc

District Court, W.D. Washington · Jan 28, 2022

A party claiming indefiniteness must establish it by clear and convincing 21 evidence. … If the selection of a device is the only thing the master controls, then 4 Plaintiff’s choice of the word “selects” is clearly more precise.

WSOU Investments LLC v. F5 Networks Inc

District Court, W.D. Washington · Jan 28, 2022

A party claiming indefiniteness must establish it by clear and convincing 21 evidence. … If the selection of a device is the only thing the master controls, then 4 Plaintiff’s choice of the word “selects” is clearly more precise.

WSOU Investments LLC v. F5 Networks Inc

District Court, W.D. Washington · Jan 28, 2022

A party claiming indefiniteness must establish it by clear and convincing 21 evidence. … If the selection of a device is the only thing the master controls, then 4 Plaintiff’s choice of the word “selects” is clearly more precise.

WSOU Investments LLC v. F5 Networks Inc

District Court, W.D. Washington · Jan 28, 2022

A party claiming indefiniteness must establish it by clear and convincing 21 evidence. … If the selection of a device is the only thing the master controls, then 4 Plaintiff’s choice of the word “selects” is clearly more precise.

Inland Technology Incorporated v. The Allen Company, Inc.

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

Allen responded that it “has been 8 and continues to be an active customer of Inland,” and proposed more clearly labeling 9 Inland’s products on the website. Id. at 4. … “The more 19 distinctive the mark, the more readily it qualifies” for USPTO registration. United States 20 Pat. & Trademark Off. v. Booking.com B. V., 591 U.S. 549, 553 (2020).

OEG Inc v. Korum

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

. 236 (1959)). 19 Thus, the Court concluded, “[t]he fact that a defendant might ultimately prove that a 20 plaintiff’s claims are pre-empted under the NLRA does not establish … This . . . evinces legislative intent that statutory replevin is always available to a 22 qualifying plaintiff.

S/Y Paliador LLC v. Platypus Marine Inc

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

Supp. 3d at 1249; cf. 24 Restatement (Second) of Conts. § 132 (“The memorandum may consist of several writings if one 1 of the writings is signed and the writings in the circumstances clearly indicate that they relate … Paliador’s 4 unexpressed understanding of the contract does not inject ambiguity into the terms or establish a 5 dispute of material fact.

Bess v. Ocwen Loan Servicing LLC

District Court, W.D. Washington · Jan 8, 2020

“Thus, before admitting expert testimony, courts must 1 make a ‘preliminary assessment’ of (1) whether the expert is qualified to present the 2 opinion offered, (2) ‘whether the reasoning or methodology underlying the … In response, Bess argues that where property disposal 8 dates are missing or unclear from Ocwen’s records, public records searches “will more 9 clearly establish the disposal dates.” Dkt. 100 at 21.

Todd R. v. Premera Blue Cross Blue Shield of Alaska

District Court, W.D. Washington · Jul 12, 2021

The Ninth Circuit 14 found that the court’s conclusion that the sixth factor was met was clearly erroneous. Id. 15 The Ninth Circuit stated that “there was no evidence to suggest” that Dr. … The court finds that Todd R. is a 4 qualified participant and Lillian R. is a beneficiary of the Plan. 5 3.

Parker v. BNSF Railway Company

District Court, W.D. Washington · Oct 15, 2021

Judge Lasnik has already ruled on these motions. 14 For many, the circumstances are clearly the same as before, and there is no clear error. 15 The Court sets forth the instant motions and their corresponding Judge … Rookaird could have obtained 25 after he was fired from BNSF, but she failed “to establish that Rookaird was qualified for 26 those positions.”

Trueblood v. Valley Cities Counseling and Consultation

District Court, W.D. Washington · Aug 28, 2024

Trueblood establishes an adverse employment action because her “termination plainly qualifies” as such. Lakeside-Scott v. Multnomah Cnty., 556 F.3d 797, 803 (9th Cir. 17 2009). … Am. 13 Seafoods Co., 413 F.3d 1090, 1095 (9th Cir. 2005) (explaining that direct evidence 14 proves animus without inference or presumption and typically consists of “clearly” 15 retaliatory statements or actions,

Gould v. Allstate Vehicle and Property Insurance Company

District Court, W.D. Washington · Apr 20, 2023

Co., 18 882 P.2d 703, 721 (Wash. 1994) (“A number of courts have examined the drafting and marketing 19 history of the qualified pollution exclusion in interpreting the clause.”)). … Allstate objects to these requests because some documents that could come 5 within their scope are clearly irrelevant, e.g., a laptop owner’s manual. Dkt. No. 20 at 6.

Brown v. Alaska Airlines Inc

District Court, W.D. Washington · May 22, 2024

Under this analysis, Plaintiffs must first establish a prima facie case of 9 employment discrimination by showing: (1) that they are members of a protected class; (2) that 10 they were qualified for their positions … Whether Alaska Has Established Business Necessity Defense 9 Even if Plaintiffs were able to establish the prima case facie elements of their disparate 10 impact claim, Alaska has demonstrated that it is entitled

Knapp v. Commissioner of Social Security

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

For DIB, the claimant must 17 establish the onset date is prior to the last insured date. 42 U.S.C. § 423(a)(1), (c)(2), 18 (d)(1)(A); Armstrong v. Comm’r of Social Sec. … Providing another opportunity to assess improperly evaluated 10 evidence does not qualify as a remand for a “useful purpose” under the first

Kinnucan v. National Security Agency

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

Legal Standard 18 Under Exemption 1, an agency does not have to disclose information that is: 19 (1)(A) specifically authorized under criteria established by … In relevant part, the Executive Order states that: 4 [a]n agency head may exempt from automatic declassification . . . specific information, the release of which should clearly and demonstrably

Bathke v. City of Ocean Shores

District Court, W.D. Washington · Apr 15, 2021

Failure to Establish Trust and Confidence Among Staff. Engages in bullying, Denies pattern of abuse. … These need not be established for the Court to conclude that the 14 termination process was not conducted in good faith.

Tapia v. NaphCare Inc

District Court, W.D. Washington · Aug 7, 2025

Testimony from RN Stixrood further established 1 that such practices were common throughout her three-year tenure. Dkt. … In Tapia’s case, he was clearly vulnerable in non-economic ways.