Case law

Chipres Madriz v. United States of America

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

Documents provided by Plaintiff establish that he was hired by RMA in September 8 2015, and he was its employee through the time of the injury. See Dkt. No. 18 at ¶¶ 3 and 5. … What is more, other provisions of the 14 15 contract between BPA and RMA clearly establish the United States retained at least some of its 16

In Re Hawaiian & Guamanian Cabotage Antitrust Litigation

647 F. Supp. 2d 1250 · District Court, W.D. Washington · Aug 18, 2009

The shippers argued that Keogh created an immunity from the antitrust laws, that the Reed-Bulwinkle Act delineated an immunity only for specific ratemaking activities, and that the broader immunity articulated in Keogh had … Whether such trees or wood would qualify as “forest products” or be otherwise excluded from tariffs was not pleaded or briefed and remains unclear.

Velasquez v. King County

District Court, W.D. Washington · Jun 24, 2020

Defendants move to dismiss this claim against Deputy Stratton by citing to 10 qualified immunity. … 13 federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly 14 established at the time.”

Hicks v. State of Washington

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

Federal courts are courts of limited jurisdiction and are presumed to 19 lack jurisdiction until the plaintiff establishes otherwise. … The 14 Rooker-Feldman doctrine clearly prevents this Court from granting Plaintiff the 15 relief he requests.”); Ervin v. California, No. 318CV00442GPCRBB, 2018 WL 16 3375058, at *4 (S.D. Cal.

Langadinos v. Washington State Bar Association

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

1021, 1030 (9th Cir. 2023) (en banc)). 22 23 1 The WSBA qualifies … as an arm of the state, as Washington formally 2 established the WSBA “as a state agency by legislative enactment.”

United States v. Bayley

District Court, W.D. Washington · Mar 14, 2022

to its attention earlier with reasonable diligence. 7 The Court finds that Defendants have failed to establish … to waive sovereign 17 immunity with respect to agency enforcement decisions over third parties[.]”)

Loops, LLC v. Amercare Products, Inc.

636 F. Supp. 2d 1128 · District Court, W.D. Washington · Nov 13, 2008

If a product’s functional features could be used as trademarks, however, a monopoly over such features could be obtained without regard to whether they qualify as patents and could be extended forever (because trademarks … In the case at bar, Defendants fail to establish why Plaintiffs’ trademark or trade dress claims should be dismissed under the functionality test.

Diego Diego v. Meta

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

complaints and must 2 dismiss them if, “at any time,” a complaint is determined to be frivolous, malicious, fails 3 to state a claim on which relief may be granted, or seeks monetary relief from a defendant 4 who is immune … Yet, despite this high level of control, 22 Defendants still qualify these workers as independent contractors. (Id. at 6.) Because of 1 this classification, Mr.

Baker v. State of Washington Department of Corrections

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

City of Canton v. 20 Harris, 489 U.S. 378, 385-90 (1989). 21 Plaintiff again fails to clearly allege facts that show his rights were violated by the 22 defendants. … Additionally, there is no evidence the state of Washington has waived its Eleventh 9 Amendment immunity in federal courts.

Albert

District Court, W.D. Washington · Mar 5, 2026

This immunity cannot be overcome by allegations of 6 legal error, bad faith, or malice. … Albert cannot state a plausible claim against the court 7 staff. 8 Nor has Albert pointed to any authority clearly establishing that the staff has

Seattle Hardware Co. v. Squire

83 F. Supp. 106 · District Court, W.D. Washington · Dec 30, 1948

This is an action brought under section 1340 of 28 U.S.C.A., as qualified by section 3772 of the Internal Revenue Code, as amended, 26 U.S.C.A. § 3772 , for the recovery of income and excess profits taxes, alleged to have … It prospered and expanded with the rapid growth of the city during the years following its establishment.

Zayas v. King County

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

. § 1915(e)(2), this Court ordered Plaintiff to file 19 an amended complaint by September 13, 2023, in which she clearly explains what relief she 20 seeks, provides facts to overcome the immunity barriers she faces, and … /or names defendants who 21 are not protected by immunity.

Washington State Republican Party v. Logan

377 F. Supp. 2d 907 · District Court, W.D. Washington · Jul 15, 2005

Washington State’s “blanket primary” 2 *911 system was first established in 1935. … Rev.Code § 29A.52.116 is "clearly inconsistent with the system established under 1-872, and should be regarded as obsolete.” See State Response, docket no. 65, at 19 n. 16.

Vasquez v. Washington Department of Veterans Affairs

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

“It is well established that new arguments and evidence presented for the first time in 22 Reply are waived.” Docusign, Inc. v. Sertifi, Inc., 468 F. Supp. 2d 1305, 1307 (W.D. … or if Congress has abrogated the state’s immunity.

Bigham v. Liberty Life Assurance Co.

148 F. Supp. 3d 1159 · District Court, W.D. Washington · Dec 11, 2015

Bigham will qualify as disabled under the Plan if she can establish that she is unable to perform, as a result of illness or disease, the responsibilities that she is normally required to perform in her occupation, which … Bigham in a lie, as implied by Liberty Life in their briefing at Dkt. #24 at 14 (“This is clearly inconsistent with plaintiffs assertion barely two weeks later... ”). Ms.

Larsen v. Insurance Company of North America

252 F. Supp. 458 · District Court, W.D. Washington · Jul 30, 1965

Unless otherwise qualified, such a warranty does not restrict the insurance company’s liability for total losses.” 45 C.J.S. Insurance § 952 b(l), page 1144. … Hence the FPA clause of this Refrigeration Insurance Rider prevents the Plaintiff from recovering, if the above-mentioned other exceptions in said rider are not established.

Wilder v. United States Army Corps of Engineers

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

To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 20 established that judges are absolutely immune from … Plaintiff is hereby 17 ORDERED to file on or before June 1, 2021, an amended complaint which clearly and concisely 18

Qualey v. Pierce County

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

Plaintiff explains that the issues of fact 3 the Court found on the issue of qualified immunity would “be equally applicable” to the State 4 law claim for wrongful death. … The first, the Court’s dismissal of Pierce County 17 and Sheriff Troyer for failing to implement state mandated de-escalation policies, could have 18 easily been raised or more clearly briefed in Plaintiff’s response

The GEO Group Inc v. City of Tacoma

District Court, W.D. Washington · Nov 13, 2019

B. 11 This evidence is sufficient to establish standing and ripeness. … Intergovernmental Immunity 13 The so-called “intergovernmental immunity doctrine” derives from the Supreme Court’s 14 decision in McCulloch v.

Qualey v. Pierce County

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

Rather, Defendant only requests bifurcation so that he may reraise 23 qualified immunity at trial. This is insufficient to meet even the basic requirements of Rule 24 42(b). … The Court also notes that Defendant’s motion does not address the Ninth Circuit’s 1 requirements for how qualified immunity may be presented as a trial defense.