Case law

Johnson-Herring

District Court, W.D. Washington · Nov 6, 2025

subject to sua sponte review and dismissal by the Court “at any time” to the extent it 24 is “frivolous, malicious, fail[s] to state a claim upon which relief may be granted, or seek[s] monetary relief from a defendant immune … Thus, any 25 amended complaint must stand on its own and clearly identify the basis fo this Court’s jurisdiction, the legally cognizable claims asserted against each defendant, the specific facts 26 which Plaintiff

Card v. All City Bail Bonds

District Court, W.D. Washington · Nov 13, 2024

The party asserting jurisdiction has the burden of establishing it. See 24 United States v. Orr Water Ditch Co., 600 F.3d 1152, 1157 (9th Cir. 2010). 1 B. Mr. … Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). 10 For that reason, any amended complaint must clearly identify the defendant(s), the claim(s) 11 asserted, the specific facts that Mr.

Chen v. King County Sheriff's Office

District Court, W.D. Washington · Dec 27, 2022

But clearly that 22 was the only point of this bankruptcy, again, punctuated by his oral argument this 23 4 Mr. … Even assuming without 18 deciding that Defendants are not entitled to any form of immunity against Mr. Chen’s outrage 19 claim, the claim still fails because Mr. Chen has failed to establish any of its elements.

Nautilus Group, Inc. v. Icon Health and Fitness, Inc.

308 F. Supp. 2d 1208 · District Court, W.D. Washington · Jul 30, 2003

Courts have more briefly summarized the test in the trademark context: to prevail at the preliminary injunction phase, Plaintiff “must establish that it is likely to be able to show ... a likelihood of confusion.” … The mere fact that Defendant uses comparative advertising, however, does not immunize it against claims of infringement. See Lindy Pen Co. v.

M.L. v. craigslist Inc

District Court, W.D. Washington · Apr 25, 2022

An interactive computer service provider acts as a developer rather 20 than a publisher or speaker, and thereby does not qualify for § 230 immunity, “if it 21 contributes materially to the alleged illegality of the conduct … Amazon.com, Inc., 456 F.3d 1316, 1321 (11th Cir. 2006) (“The majority of federal circuits have interpreted [Section 22 230] to establish broad [] immunity[.]”). 1 records on its website

Rudder v. Washington State Department of Corrections

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

Third, the plaintiff must establish a causal 22 connection between the adverse action and the protected conduct. … Because her 9 claims are clearly time-barred, leave to amend would be futile.

McVeigh v. Pierce County

District Court, W.D. Washington · Nov 7, 2023

1 “frivolous or malicious,” “fails to state a claim on which relief may be granted,” or “seeks 2 monetary relief against a defendant who is immune … Ryan, 623 F.3d 807, 810 (9th Cir. 2010). 19 Specifically, Plaintiff must show“ ‘an independent source such as state law’ ... define[s] 20 the range of interests that qualify for protection as ‘property’ under the Fifth

In re Brown

251 F. 365 · District Court, W.D. Washington · May 24, 1918

Brown qualified his testimony given on direct examination by stating that most of these' loans went to the Amos Brown estate, but does not state that any of it -went to the farm industries. … In that he came in competition will), other packing establishments.

Daviscourt v. Claybrook

District Court, W.D. Washington · May 12, 2023

Defendants argued the complaint 25 should be dismissed because they enjoy qualified immunity from Plaintiff’s inability to 26 … The Notice filed with this Court 13 includes the same list of defendants that Plaintiff named in his complaint and clearly 14 states they are represented by the United States. See Dkt. # 51.

Brown

District Court, W.D. Washington · Nov 24, 2025

Judge: 17 Rule 8 provides that a complaint must include the following: (1) a short plain statement 18 of the grounds for this Court’s jurisdiction; (2) a description of the claim establishing … subject to sua sponte review and dismissal by the Court “at any time” to 22 the extent it is “frivolous, malicious, fail[s] to state a claim upon which relief may be granted, or 23 seek[s] monetary relief from a defendant immune

Fowler v. San Juan County

District Court, W.D. Washington · Sep 20, 2019

immunity is likewise DENIED. 24 2 Defendants argue that qualified immunity should protect Defendant Harvey from liability 25 for the excessive … Harvey is entitled qualified immunity. 1 C.

Group14 Technologies Inc v. Nexeon Limited

District Court, W.D. Washington · May 23, 2023

“Thus, courts rarely award 13 Noerr–Pennington immunity at the motion to dismiss stage, where the Court must accept 14 as true the non-moving party’s well-pleaded allegations.” … To qualify, the 17 alleged act must have had the “capacity to deceive a substantial portion of the public.” 18 Hangman Ridge, 105 Wn.2d at 785.

Jones

District Court, W.D. Washington · Nov 12, 2025

In such claims a plaintiff is “required to establish (1) that [the plaintiff] was 12 disabled under the ADA; (2) that [the plaintiff] was a qualified individual with a disability; and 13 (3) that [the plaintiff] was discriminated … No. 23 at 2.) 11 Plaintiff also states a plausible claim of being a qualified individual.

Judd v. Nevin

District Court, W.D. Washington · May 4, 2021

Ahrens. 9 He contends that Commissioner Gelman deprived him of his rights by determining that 10 he was employable “in the complete absence of all jurisdiction on the subject matter of 11 VA benefits and ‘disability’ established … Judd has not demonstrated why that immunity should not 2 apply here.

Beadle v. Smolich

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

the 7 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 8 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 9 who is immune … denied, 532 U.S. 1065 (2001) (“The 15 circumstances, nature, and duration of a deprivation of [ ] necessities must be considered in 16 determining whether a constitutional violation has occurred.”). 17 Establishing

Isaacson v. Carson

District Court, W.D. Washington · Apr 23, 2020

Instead, such 8 contracts are extended to applicants by third-party lenders and HUD provides optional 9 insurance to lenders of qualifying reverse mortgages. U.S.C. § 1715z-20(c). … This is fatal 10 to Plaintiff’s complaint because even if she could establish an injury in fact, it would be 11 traceable to the lender, not HUD.

South Ferry LP 2 v. Killinger

399 F. Supp. 2d 1121 · District Court, W.D. Washington · Nov 17, 2005

First, it establishes WAMU as a leading presence in the home lending market. … The Dura Court quite clearly stated that loss causation is an essential part of a 10b-5 claim. 125 S.Ct. at 1633-34 .

Tzafir

District Court, W.D. Washington · May 20, 2026

Id. 3 “A position that ‘was not contrary to clearly established law’ is thus substantially justified.” Id. 4 (citing Li v. Keisler, 505 F.3d 913, 919–20 (9th Cir. 2007)). … In sum, the government’s actions 24 in re-detaining Petitioner were contrary to clearly established law and thus lacked substantial 1 justification.

Tzafir

District Court, W.D. Washington · May 21, 2026

Id. 3 “A position that ‘was not contrary to clearly established law’ is thus substantially justified.” Id. 4 (citing Li v. Keisler, 505 F.3d 913, 919–20 (9th Cir. 2007)). … In sum, the government’s 3 actions in re-detaining Petitioner were contrary to clearly established law and thus lacked 4 substantial justification.

Port Angeles Western R. v. Clallam County

36 F.2d 956 · District Court, W.D. Washington · Jan 3, 1930

The vendees agreed to establish the railroad throughout as a common carrier, also to make capital expenditure in the sum of not less than $200,000 within one year. … Ed. 328 , said: “But it may be, and in our opinion clearly is when as here not only the agent was created but all the agent’s property was acquired and used, for the sole purpose of producing a weapon for the war.