Case law

Ecklein v. State of Hawai'i

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

A federal court is presumed to lack subject matter jurisdiction until the plaintiff 2 establishes otherwise. Kokkonen, 511 U.S. at 377; Stock West, Inc. v. … Because Plaintiff’s requested relief 17 necessarily impacts the withholding of a state tax under HARPTA, this matter clearly falls within 18 the province of the Tax Injunction Act. Fredrickson, 840 F.3d at 1122.

Pande Cameron & Co. of Seattle, Inc. v. Central Puget Sound Regional Transit Authority

610 F. Supp. 2d 1288 · District Court, W.D. Washington · Mar 20, 2009

They refer to the EIS which “clearly contemplated” “Vibration Impacts.” … taking” but that “immunity is now gone in this state”).

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.

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.

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.

Rucker v. Kaiser Permanente of Washington

District Court, W.D. Washington · May 12, 2022

Thus, her 11 complaint fails to establish federal question jurisdiction under the well pleaded complaint 12 rule. … (i) is frivolous or malicious; (ii) fails to state a claim 22 on which relief may be granted; or (iii) seeks monetary relief against a defendant who is 1 immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).

Lambert v. McKay

District Court, W.D. Washington · May 21, 2021

Plaintiff argues that it is “clearly established law” that a correctional 16 facility may not restrict inmate access to printed material solely because it is downloaded from the 17 internet. Pl. … 7 settled law” demonstrating a constitutional violation, the individual Defendants are entitled to 8 qualified immunity. 9 Finally, Counts 21-23 claim violations

Pernell v. Commissioner of Social Security

District Court, W.D. Washington · Jun 2, 2021

7 Step two: Plaintiff has the following severe impairments: multiple sclerosis, common 8 variable immune … Nov. 10, 2020) (finding that the new regulations do not clearly 20 supersede the “specific and legitimate” standard because the “specific and

Haines v. City of Centralia

District Court, W.D. Washington · Feb 8, 2021

Humphrey, 512 U.S. 477 (1994), 21 collateral estoppel, and/or the applicable statute of limitations, (c) Chief Nielsen is entitled to 22 qualified immunity, and (d) plaintiff has not shown that the alleged constitutional … asserted against him on qualified immunity grounds.

Young v. Pena

District Court, W.D. Washington · Oct 9, 2019

. ## 50, 53.) 19 The Ninth Circuit has held that district courts have discretion to entertain successive 20 motions for summary judgment, independent of whether the motions involve qualified immunity. 21 See Hoffman … Id. at *4. 9 Defendants’ second motion for summary judgment does not clearly articulate the reasons 10 why the Court should exercise its discretion to consider their repetitive dispositive

Jackson v. Welborn

District Court, W.D. Washington · Apr 27, 2023

This provision clearly 26 applies to this complaint because the non-conclusory allegations establish all of the 27 … Varney, 665 F.2d 261, 266 (9th Cir. 1981) 27 (holding that the “filing of a criminal complaint immunizes investigating officers ... from 1

Fair

District Court, W.D. Washington · Jun 17, 2026

offense can never vitiate probable cause.”). 12 Defendants also cite no Ninth Circuit case that suggests, let alone clearly … immunity based on the 14 existence of probable cause.”

Altanatural Corp. v. New Invs. Inc.

587 B.R. 119 · District Court, W.D. Washington · Mar 12, 2018

Lukens was qualified as an expert witness in the field of property appraisals, specializing in hospitality appraisals such as hotels, and was qualified to provide his opinion on the diminution of value caused by the Easement … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous. United States v.

Love v. Kaiser Permanente

District Court, W.D. Washington · May 7, 2024

The agency is immune from suit for its benefits-related 21 decisions. … class; (2) [s]he was qualified for [her] 4 position; (3) [s]he experienced an adverse employment action; and (4) similarly situated 5 individuals outside [her] protected class were treated more favorably,

United States v. King County Washington

District Court, W.D. Washington · Mar 30, 2023

One element of the case-or-controversy requirement is that plaintiffs must 9 establish that they have standing to sue.” Clapper v. … United States’ Claim Under Intergovernmental Immunity Doctrine 18 With foundations in the Supremacy clause of the U.S.

Grizzly General Contractors Corp v. Kitsap Public Health District

District Court, W.D. Washington · Jan 13, 2025

Meyer, 373 F.3d 1035 (9th 18 Cir. 2004). 19 Grizzly does not clearly allege facts to show that Policy 36 injures it. … Evans and North argue that even if 14 they did violate Grizzly’s constitutional rights, they are entitled to qualified immunity 15 because Grizzly did not show that they violated a “clearly established’ right.

Dahlstrom v. Biden

District Court, W.D. Washington · Apr 18, 2025

protects the United States from lawsuits unless that immunity has 11 been waived.” … immunity.

Moore v. Firth

District Court, W.D. Washington · Jul 10, 2020

Qualified Immunity 16 Defendants also contend that they are entitled to qualified immunity. … “Government 17 officials performing discretionary functions [are entitled to] a qualified immunity, shielding them 18 from civil damages liability as long as their actions could reasonably have been thought 19 consistent

Zayas v. Hunter

District Court, W.D. Washington · Sep 30, 2022

But Plaintiff does not 8 clearly identify which actions violated her claimed constitutional rights, relying only on 9 generalities. … This is often accomplished by (1) pointing to an 8 express policy, (2) establishing a custom or practice that is akin to a policy, or (3) establishing 9 that the entity’s inaction is akin to affirmative adoption of

Lerum v. Heritage-Crystal Clean Inc

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

If only a portion or 23 portions of the material on a page qualifies for protection, the producing party also must 24 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 25 margins … This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order or agreement that provides for production 21 without prior privilege review.