Case law

Wilder v. United States of America

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

To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 23 established that judges are absolutely immune from … Plaintiff is hereby ORDERED to file on or before April 13, 2021, an amended 16 complaint which clearly and concisely identifies the acts of which

Kirkham

District Court, W.D. Washington · Jan 14, 2026

12 immunity. … Likewise, 4 “facts and circumstances relied upon to establish a conspiracy [that] are as consistent with a 5 lawful or honest purpose as with an unlawful undertaking[]” do not suffice. Id.

Bayley Construction v. Great American E & S Insurance

980 F. Supp. 2d 1281 · District Court, W.D. Washington · Nov 1, 2013

The insurer is relieved of its duty to defend only if the alleged claim is “clearly not covered by the policy.” VanPort Homes, 58 P.3d at 282 . … The IFCA The IFCA establishes a cause of action for “[a] ny first party claimant to a policy of insurance who is unreasonably denied a claim for coverage.” RCW 48.30.015(1).

Wills v. City of Dupont Police Department

District Court, W.D. Washington · Sep 25, 2020

Plaintiffs, however, were clearly not aware of this rule. … claim under 42 U.S.C. § 1983, a complaint must allege that: (1) the 7 conduct complained of was committed by a person acting under color of state law, and (2) the 8 conduct deprived a person of a right, privilege, or immunity

The GEO Group Inc v. Inslee

District Court, W.D. Washington · Mar 8, 2024

GEO fails to establish that ICE will extend its contract for GEO to operate the 4 NWIPC beyond September 2025. GEO also fails to establish what the terms of any such 5 hypothetical contract would be. … For the same reasons that GEO states plausible claims 20 that these sections discriminate against it in violation of the intergovernmental immunity 21 doctrine, GEO establishes a likelihood of success on the merits.

McDonald v. Onewest Bank, FSB

929 F. Supp. 2d 1079 · District Court, W.D. Washington · Mar 7, 2013

Plaintiff has established that NWTS violated § 1692f(6)(A) of the FDCPA. … Plaintiff has not, however, established a claim against NWTS under the DTA.

United States v. Skinner & Eddy Corporation

28 F.2d 373 · District Court, W.D. Washington · Jul 25, 1928

It is intangible, but nevertheless present; and from the established facts, it is apparent that there is an intangible, immeasurable, “out of pocket” loss. … Scott, perhaps the star witness, came from Chicago, and was qualified as to prices of steel throughout the East and Middle West.

Bradley v. Presteen

District Court, W.D. Washington · May 9, 2025

Judge Tsuchida also found that 4 Stouffer and Obenland are entitled to qualified immunity because Bradley “has failed to show the 5 existence of a genuine issue of material fact as to any constitutional violation[.]” … immunity on Bradley’s Section 24 1983 claim.

Jahr v. United States

259 F. Supp. 3d 1158 · District Court, W.D. Washington · May 2, 2017

Where the exception applies, sovereign immunity is restored, and the Court does not have subject matter jurisdiction to consider th.e plaintiffs claims under the FTCA. Lesoeur v. … This CAS entry does not establish a mandatory, non-discretionary requirement that Borchardt discharge Aguigui from the Army.

Taylor v. Vangesen

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

immunity is also precluded for Taylor’s equal protection claim because Taylor has established a constitutional violation at this stage, and the right to not be 21 stopped by police based only on race under the Fourteenth … Amendment was clearly established by 1992.

Neal v. City of Bainbridge Island

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

Legislative Immunity 15 Under federal law, “[l]ocal government officials are entitled to legislative immunity for 16 their legislative actions.” … Oct. 20 17, 2002) (finding a municipality was not entitled to legislative immunity because “[l]egislative 21 immunity from suit under § 1983 is afforded to individual council members only”); Goldberg v. 22 Town of Rocky

Weger v. Correct Care Solutions LLC

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

To establish a violation of both Title II of the ADA and the RA, a 22 plaintiff must prove (1) that he or she was a “qualified individual with a disability;” (2) who was 23 either excluded from participation in or denied … Id. 2 Defendants argue that summary judgment of both claims is appropriate because “Plaintiff 3 cannot establish either that Mr.

Spice v. Internal Revenue Service

District Court, W.D. Washington · Jun 1, 2020

“The doctrine of judicial immunity also applies to court approved attorneys for the 19 trustee.” Id. … The Plaintiff 3 and his counsel have violated Rule 11 by bringing the claims for which this Court clearly does not have subject matter jurisdiction to consider.

Matsushita Electric Corp. v. S. S. Aegis Spirit

414 F. Supp. 894 · District Court, W.D. Washington · Apr 30, 1976

Matsushita/Japan and Tokai could not have more clearly expressed their mutual intent regarding the identity of the COGSA package. … A ruling that these large reusable metal pieces of transport equipment qualify as COGSA packages — at least where, as here, they were carrier-owned and supplied — would amount to just such a distortion.

Anderson v. Liberty Mutual Long Term Disability Plan

116 F. Supp. 3d 1228 · District Court, W.D. Washington · Jul 27, 2015

Defendants argue that the medical evidence and post-diagnosis surveillance do not establish that Ms. Anderson is totally disabled. … Anderson 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 job, which cannot

Engelstein v. United States Department of Agriculture

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

Although the FTCA generally waives sovereign 15 immunity for negligence claims, the United States argues that sovereign immunity 16 applies in this case because of two exceptions to the FTCA’s waiver: the independent … On numerous occasions in 5 his declaration, Gebhard qualifies his statement with phrases such as “I believe” or “it is 6 my understanding.” Gebhard Decl. at 2–4 (docket no. 170).

Young v. Safeco Insurance Company of America

District Court, W.D. Washington · Apr 8, 2022

in the sound discretion 1 of the court.”); Zolin, 491 U.S. at 569 (the practice of “requiring parties who seek to avoid 2 disclosure of documents to make the documents available for in camera inspection” is “well 3 established … Id. at 3. 1 The work product doctrine is a qualified immunity that protects “certain materials prepared 2 by an attorney acting for his client in anticipation of litigation.” United States v.

Slach

District Court, W.D. Washington · Dec 17, 2025

immunity, database access regulations, 16 Monell liability, Fair Credit Reporting Act statutory interpretation, and digital forensics. … At present, 12 Plaintiff has not established a likelihood of success on the merits. The fact the Court has now 13 directed service on Defendants is not indicative of the likelihood of success on the merits.

United States v. Washington State Dept. of Transp.

716 F. Supp. 2d 1009 · District Court, W.D. Washington · Jun 7, 2010

"[A]n entity may qualify as an arranger under § 9607(a)(3) when it takes intentional steps to dispose of a hazardous substance." Burlington Northern and Santa Fe Railway Co. v. … The U.S. responds by arguing that WSDOT has the burden of proof in establishing the affirmative defense that its releases were federally permitted and that the mere existence of a permit does not immunize WSDOT from liability

Nygren v. United States

268 F. Supp. 2d 1275 · District Court, W.D. Washington · Apr 11, 2003

The portion of the statute which is cited clearly states that “to recover payment, the United States may bring an action against any entity which is required or responsible .. … However, Medicare’s position (as evidenced in their letters to plaintiffs) is clearly this “you received an excess of benefits and we want the excess portion back.”