Case law

Bunger v. Unum Life Insurance Co. of America

196 F. Supp. 3d 1175 · District Court, W.D. Washington · Jul 20, 2016

[h]e reports significant fatigue, which in my opinion is medically unexplained[,] [t]he diagnosis of Lyme disease has not been established by CDC criteria[,] ... … The Court clearly stated that the burden of proof was on the Plaintiff, Mr. Bunger. Order at 18, ¶ 3.

Brooks v. Skagit County Public Health

District Court, W.D. Washington · Nov 15, 2023

No. 5 at 1– 4 4; see id. at 4 (“Brooks 100% qualifies, however, [Defendants] denied [her] application. White 5 Americans were excluded . . . . … For that reason, 12 any amended complaint must clearly identify the defendant(s), the claim(s) asserted, the specific 13 facts that Ms. Brooks believes support each claim, and the specific relief requested.

Doscher v. Timberland Regional Library

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

A federal court is presumed to lack subject matter jurisdiction until 6 plaintiff establishes otherwise. Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 7 (1994); Stock West, Inc. v. … Id. 15 “[T]he assertion of an affirmative defense may be considered properly on a motion to dismiss 16 where the allegations in the complaint suffice to establish the defense.” Sams v. Yahoo!

Dearinger v. Eli Lilly and Company

District Court, W.D. Washington · Feb 5, 2024

immunity from strict liability. … To establish proximate 4 causation, the plaintiff must show both cause in fact and legal causation. Id.

Carter v. Gregoire

672 F. Supp. 2d 1146 · District Court, W.D. Washington · Aug 12, 2009

Medicaid Medicaid was established in 1965 in Title XIX of the Social Security Act, 79 Stat. 343 , as amended, 42 U.S.C. § 1396 , et seq. … For the purposes of this motion, the Court finds that Plaintiffs have failed to establish that they are likely to succeed on the merits of this claim.

Jackson v. Romero

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

The Court defers ruling 23 on the issue of qualified immunity. … The Court defers ruling on the issue of 5 qualified immunity.

Ewalan v. Schreiber

District Court, W.D. Washington · Apr 16, 2024

immunity. … To avoid confusing the jury, the court 10 also intends to remove any and all references to qualified immunity from the preliminary 11 instructions. (See 4/11/24 Order at App’x A.)

Smalls v. City of Tacoma

District Court, W.D. Washington · Apr 25, 2023

Whether Defendant Bradley Is Entitled to Qualified Immunity 4 In resolving questions of qualified immunity, courts “engage in a two-step inquiry.” Peck 5 v. Montoya, 51 F.4th 877, 887 (9th Cir. 2022). … That the Constitution does not permit the use of 4 deadly force under these circumstances was clearly established at the time of these events, and 5 Bradley is therefore not entitled to the protections of qualified immunity

Garcia v. Benenati

District Court, W.D. Washington · Jan 14, 2021

4 immunity. … Plaintiffs requested additional discovery to oppose the motion, and 5 the parties stipulated to an extension for the issues of qualified immunity and punitive 6 damages. Dkt. 34.

Krabach v. King County

District Court, W.D. Washington · Oct 19, 2023

Plaintiff also alleges that she qualifies as 4 an “election officer” because she is a Precinct Committee Officer for the Seidel Creek precinct … Such limited authority is insufficient “to establish “some connection with the enforcement” 17 of the challenged law. Young, 209 U.S. at 157; see also S. Pac. Transp. Co. v.

Robinson

District Court, W.D. Washington · Jul 30, 2026

In particular, Defendants argue Plaintiff fails to state a claim under the Eighth 19 and Fourteenth Amendments, that they are entitled to qualified immunity, and that Plaintiff fails 20 to allege sufficient personal participation … a claim for other reasons, it is unnecessary to address Defendants’ 24 alternative argument for dismissal on qualified immunity grounds.

Timmons v. Morris

271 F. 721 · District Court, W.D. Washington · Feb 14, 1921

It again clearly appears, in the latter case, that the Barber Law -was only upheld as a health measure, and that the Plumbing Law was held unconstitutional because not a health measure, for the court quoted from its plumbing … Excellent 8.” (4) Has studied the trade for two' This provision of the law was held years as an apprentice under or as a unconstitutional by the state court, qualified and practicing barber in this that court saying: “The

Columbia River Service Corp. v. Gilman

751 F. Supp. 1448 · District Court, W.D. Washington · Nov 29, 1990

See Sharon Steel, 681 F.Supp. at 1496 (“Section 107 clearly expresses Congress’s intent to supersede any rule that would otherwise relieve a responsible party from liability”); Distler, 741 F.Supp. at 646 : Congress clearly … Bradley) (“[A] single mechanism is established to permit Government to pay cleanup costs resulting from releases of hazardous substances into the environment. ...

Ten Bridges LLC v. Midas Mulligan LLC

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

10 statements to a court could fall within the purview of the protection of the statute as the 11 Kauzlarich court recognized, the court held that “the filing of lawsuit or the contents of a 12 complaint” did not so qualify … App. 12 2002) (“[W]e will not construe a statute in derogation of the common law absent a clearly 13 expressed legislative intent to do so.”); see also Briscoe v.

Taylor v. Washington State Department of Corrections

District Court, W.D. Washington · May 16, 2024

Qualified Immunity 16 Defendants contend Plaintiffs’ § 1983 claims should be dismissed based on qualified 17 immunity. … The Court declines to reach the issue of qualified immunity at this time because 18 Plaintiffs’ claims are insufficiently defined.

United States v. Ressam

221 F. Supp. 2d 1252 · District Court, W.D. Washington · Aug 15, 2002

Even when the right of access is established, it is a qualified right that can be overcome “by an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve … Rebuttal of the Qualified Right of Access Having concluded that the considerations of experience and logic weigh in favor of public access to the Court’s three protective orders, it is necessary to consider whether the qualified

United States v. Webb

166 F. Supp. 3d 1198 · District Court, W.D. Washington · Feb 24, 2016

Therefore, in dispute is whether Webb’s state conspiracy convictions are serious drug offenses and therefore qualify as predicate offenses under the ACCA. … A divisible statute is one that has multiple alternative elements, effectively establishing several different crimes.

United States v. Washington

20 F. Supp. 3d 828 · District Court, W.D. Washington · Dec 31, 2007

The parties to this case, whether tribal, state, or federal, have waived sovereign immunity for those purposes only. … In consideration of the importance of sovereign immunity, such purposes may not be broadened without the parties’ consent.

State of Washington v. Baugh Construction Co.

313 F. Supp. 598 · District Court, W.D. Washington · Nov 7, 1969

Intervening plaintiff trainees clearly have the requisite interest in the outcome of this litigation to qualify as such proper parties. 4. … The Defendant Unions shall proceed forthwith and with all possible speed to complete all aspects of the Outreach Program to qualify minority applicants who do not otherwise qualify for apprenticeship or dispatch.

Thorsted v. Gregoire

841 F. Supp. 1068 · District Court, W.D. Washington · Feb 10, 1994

A state may not constitutionally do that, just as it may not bar qualified runners from the track. D. … The Ninth Amendment assures rights to the people beyond those specifically listed but implies no right to alter the governmental structure established by the Constitution.