Case law

No Oilport! v. Carter

520 F. Supp. 334 · District Court, W.D. Washington · Feb 9, 1981

The record establishes that the Secretary clearly fulfilled the first aspect of this obligation; the governmental comments were made available to the public. … Is NTPC Qualified to Hold the Permit?

Hagos v. Jimenez

District Court, W.D. Washington · Aug 17, 2022

BACKGROUND 2 On July 19, 2022, Plaintiff Hagos’ motion to proceed in forma pauperis was granted 3 because Plaintiff appears to financially qualify for that status pursuant to 28 … The typical bases for federal jurisdiction are established where (1) the 6 complaint presents a federal question “arising under the Constitution, laws, or treaties of the 7 United States” or (2) where the parties are

West

District Court, W.D. Washington · Jul 13, 2026

or malicious”; (b) 23 “fails to state a claim on which relief may be granted”’ or (c) “seeks monetary relief 24 1 against a defendant who is immune … He claims these actions 3 constitute “gross negligence qualifying as deliberate indifference and seeks 4 compensatory and punitive damages.

Leon v. Elledge

District Court, W.D. Washington · Dec 23, 2022

immunity. … It is not clearly established in this circuit whether prison 2 officials may visually inspect legal mail outside the presence of an inmate.

Tsanev v. Tsanev

District Court, W.D. Washington · Aug 18, 2022

Defendant claims that his obligation under the Affidavit of Support ceased in 10 January 2020 because Plaintiff attained enough qualifying quarters of coverage under the Social 11 Security Act based on Defendant’s qualifying … benefits qualify as 4 income of the sponsored immigrant.

Bell v. City of Lacey

District Court, W.D. Washington · Sep 30, 2021

The consequences of the Jail not having an HCA might be different if it 14 were not immune from suit. … Dkt. 167 at 12. 4 Under Washington law, a jury could not so find, in the absence of expert 5 testimony establishing the standard of care.

Delashaw v. Seattle Times Company

District Court, W.D. Washington · Jul 14, 2020

Delashaw may also establish that Dr. Cobbs 12 || forfeited the intracorporate communications privilege in whole or in part if he is able to 13 || establish that (1) Dr. … Cobbs’ motion for summary judgment on 4 application of Anti-SLAPP immunity. Dr. Cobbs is immune from Dr.

Matson v. United Parcel Service, Inc.

872 F. Supp. 2d 1131 · District Court, W.D. Washington · May 25, 2012

Matson was qualified for the position prior to the alleged falsification of records. See Dkt. # 43 (Ex. C to Humphreys Decl. at 8:47-9:5). … .1998) ] requirement that a plaintiffs circumstantial evidence of pretext must be ‘specific’ and ‘substantial’ — this panel may not overturn Ninth Circuit precedents in the absence of ‘intervening higher authority’ that is ‘clearly

Vernor v. Autodesk, Inc.

555 F. Supp. 2d 1164 · District Court, W.D. Washington · May 20, 2008

Autodesk Has Not Established that Its License Binds Mr. Vernor or His Customers. Although Mr. … Autodesk contends that “the law clearly rejects” Mr. Vernor’s claim that he is free from the Autodesk License. Auto-desk Mot. at 13-14.

King County v. Viracon Inc

District Court, W.D. Washington · Oct 26, 2020

The doctrine “is not a 13 privilege but a qualified immunity protecting from discovery documents and tangible things 14 … the challenged work product does not contain the mental impression, 3 conclusion, or legal theory of an attorney, work product protection is qualified

Carder-Cowin v. UNUM Life Insurance Co. of America

560 F. Supp. 2d 1006 · District Court, W.D. Washington · Jun 4, 2008

Zietak was a truly independent medical examiner qualified to evaluate plaintiffs conditions. Dr. … Zietak was not qualified to perform plaintiffs IME. 6 See Dkt. # 36 (citing prior deposition testimony and asserting that “[tjhere is no argument and no attempt by Defendant UNUM to qualify Dr.

Brooks v. Skagit County Public Health

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

Brooks plausibly alleges that she qualified for and was entitled to receive 12 ERA relief, satisfying the first element of a procedural due process claim. See Dkt. No. 7 at 4–5, 13 17; see also, e.g., Jeffries v. … In accordance with this Order, any amended complaint must clearly identify the 20 defendant(s), the claim(s) asserted, the specific facts that Ms.

Dreiling Ex Rel. Infospace, Inc. v. Jain

281 F. Supp. 2d 1234 · District Court, W.D. Washington · Aug 22, 2003

The exercise of the duty to rescind ... does not immunize the rescinding transaction from securities law liability.” Oliff v. … Although the Jains may not have acted in bad faith, they clearly were not diligent in their transactions with the Trusts. The second factor rewards an insider who repays the corporation promptly upon demand.

Daniel

District Court, W.D. Washington · Jun 12, 2026

Plaintiffs seek an order striking this defense because 4 Defendant “cannot seek to have the [factfinder] allocate fault to the employee’s immune … Malgarini has not been designated or qualified as an expert witness. 13 Dkt. 89 at 1–3. Permitting Mr.

Emard v. Squire

58 F. Supp. 281 · District Court, W.D. Washington · Jan 4, 1945

The plaintiffs would deduct the union dues from the amounts owing the fishermen, and by the payment of such dues the fishermen became qualified members of the union. 7. … The court clearly adopts the well-known and traditional legal distinctions between “employee” and “independent contractor.” It becomes authority, therefore, in interpreting the Acts that it had under consideration.

Chang v. Vanderwielen

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

Co. of Am., 511 U.S. 375, 377 (1994)). 20 The party asserting jurisdiction bears the burden of establishing jurisdiction exists. … A municipality 22 6 Hunt alternatively asserts his entitlement to qualified immunity, but the Court declines to 23 conduct a qualified

Providence Health System-Washington v. Bush

461 F. Supp. 2d 1226 · District Court, W.D. Washington · Nov 8, 2006

In this action, Providence seeks to establish a constructive trust or equitable lien over the funds contained within the special needs trust. … The make whole doctrine is clearly not eliminated from the plan by virtue of its precise terms.

Jones v. Department of Corrections

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

Michigan Dep’t of State Police, 491 U.S. 58, 64 (1989). 21 In addition, it is well established that, under the Eleventh Amendment, a nonconsenting state is 22 immune from suits brought in federal courts by its own citizens … Thus, any amended complaint must clearly identify the Defendant(s), the 14 constitutional claim(s) asserted, the specific facts which Plaintiff believes support each claim, 15 and the specific relief requested.

Protect The Peninsula's Future v. Haaland

District Court, W.D. Washington · May 15, 2025

Jamestown filed 16 a motion to intervene for the limited purpose of moving to dismiss plaintiffs’ claims 17 without waiving its sovereign immunity. Dkt. 29. … To qualify, the litigation must “transcend the private 6 interests” of the litigants and seek to vindicate a public right. Kescoli v. Babbitt, 101 F.3d 7 1304, 1311 (9th Cir. 1996).

Bottoms v. Block Inc

District Court, W.D. Washington · Apr 11, 2024

for protection under this agreement must be clearly so 8 designated before or when the material is disclosed or produced. 9 … This provision is not intended 6 to modify whatever procedure may be established in an e-discovery order or agreement that 7 provides for production