Case law

Taylor v. Reliance Standard Life Insurance

837 F. Supp. 2d 1194 · District Court, W.D. Washington · Sep 2, 2011

On appeal, the claimant argued that the district court clearly erred because his medical records did not show a change in his condition. Id. at 1296 . … Zietak is an independent medical examiner, and at least one court has found that she is qualified to assess and diagnose fibromyalgia. See Carder-Cowin v. Unum Life Ins.

Lyon v. Thurston County

District Court, W.D. Washington · Jan 16, 2025

The burden then shifts 11 to the nonmoving party to establish a genuine issue of material fact. Matsushita Elec. Indus. Co. 12 v. Zenith Radio Corp., 475 U.S. 574, 585-87 (1986). … Even if a law enforcement officer mistakenly believes there is probable cause 15 to make an arrest, if that belief was reasonable, the officer is entitled to qualified immunity. Id. 16 at 679.

Marine Carpenters Pension Fund v. Puglia Marine, LLC

382 F. Supp. 3d 1134 · District Court, W.D. Washington · Apr 10, 2019

As registered businesses, these entities qualify as "trade[s] or business[es]" under § 1301(b)(1) for obvious reasons. … First, even if the Court were to adopt the exception applied in the Fifth and Seventh Circuits, the Control Group would not qualify because the Funds' claims are not frivolous.

Rawson v. Recovery Innovations, Inc

District Court, W.D. Washington · Sep 20, 2022

If the 20 nonmoving party fails to establish the existence of a genuine issue of material fact, “the 21 moving party is entitled to judgment as a matter of law.” … expressing a similar sentiment: 6 A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified

Nh v. Nh

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

from such 7 relief. 8 The party asserting jurisdiction has the burden of establishing it. … For that reason, any amended complaint must clearly identify the defendant(s), the 13 claim(s) asserted, the specific facts that Plaintiff believes support each claim, and the specific relief 14 requested.

Ruhmshottel v. United States

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

A federal court 24 1 is presumed to lack subject matter jurisdiction until plaintiff establishes otherwise. … Ruhmshottel was clearly facilitating her 4 husband’s administrative claim, her signature on the SF-95 form and notice that his injury 5 devastated the family did not clearly raise her own, individual claim. 6

Mahon

District Court, W.D. Washington · Apr 22, 2026

To state a claim under § 1982, a plaintiff must 20 plead that he or she (1) is a member of a racial minority; (2) applied for and was qualified 21 to rent or purchase certain property or housing; (3) was rejected; and … Any amended complaint should clearly 20 identify the claims asserted and the factual basis for each claim.

Microsoft Corp. v. Motorola, Inc.

963 F. Supp. 2d 1176 · District Court, W.D. Washington · Aug 12, 2013

Washington law establishes that numerous considerations may inform a factfinder’s determination of whether the defendant’s conduct violated the covenant of good faith and fair dealing. … Pittsburg Non-Qualified Pension Plan, 458 F.3d 748, 752 (8th Cir.2006) (applying Washington law); Vylene Enters., Inc. v.

Bjustrom v. Trust One Mortgage

178 F. Supp. 2d 1183 · District Court, W.D. Washington · Oct 26, 2001

Consequently, the rule in question clearly applies to mortgage brokers sponsored by lenders to make FHA loans. … While this raises questions of referral fees and kickbacks under RESPA, it does not qualify as a payment collected from the borrower.

McKoby v. Elite Publisher

District Court, W.D. Washington · Jun 3, 2025

any time if the action fails to state a claim, raises 21 frivolous or malicious claims, or seeks monetary relief from a defendant who is immune … In any amended complaint, Plaintiff should clearly 3 identify the basis for this Court’s jurisdiction. 4 The amended complaint will act as a complete substitute for the original complaint

Dreiling Ex Rel. Infospace, Inc. v. Kellett

281 F. Supp. 2d 1215 · District Court, W.D. Washington · Jul 9, 2003

Questions often arise as to whether a particular transaction qualifies as a “purchase” or “sale” within the meaning of the statute. Courts have answered this question by applying essentially two types of analysis. … InfoSpace’s counsel, Perkins Coie, had possession of the shares and clearly knew of the agreement. The Court found these undisputed facts sufficient for establishing the existence of an escrow.

Johnson v. United States of America

District Court, W.D. Washington · Oct 30, 2020

Here, although plaintiff qualifies financially to proceed IFP, her proposed complaint 22 fails to state a claim upon which relief can be granted, as discussed herein. … In order to state a claim against these 7 defendants, plaintiff must clearly identify the right(s) allegedly violated, the harm suffered, and 8 include allegations establishing that these organizations should be considered

Swartz v. KPMG, LLC

401 F. Supp. 2d 1146 · District Court, W.D. Washington · Feb 13, 2004

From plaintiffs own description of the scheme in his complaint, the sale of the securities was clearly central to the intended result; i.e., without the sale of the Microsoft stock, there would have been no corresponding … The number of consumers who could conceivably find themselves in plaintiffs circumstances — looking for a tax savings on millions of dollars of capital gains — is extremely small and unable to *1154 qualify as “a substantial

Great American Insurance Company v. May

District Court, W.D. Washington · Dec 19, 2022

“The moving party bears the initial burden of establishing the absence of a genuine 12 issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … This is insufficient, both, as a matter of law and for purposes of 17 establishing a genuine issue for trial. Lujan, 497 U.S. at 888. 18 b.

Goldstine v. FedEx Freight, Inc.

District Court, W.D. Washington · Aug 17, 2020

.; “FMCSA”) which 8 govern the industry, drivers must be medically qualified to drive, which they establish by 9 periodic physical examination. 49 C.F.R. § 391.41, 391.43. … Plaintiff has not established to the Court’s satisfaction that these 18 witnesses are not qualified to offer the assessments to which he objects.

Path America KingCo LLC v. United States Department of Homeland Security

District Court, W.D. Washington · Dec 12, 2019

If USCIS determines that a 13 foreign national’s investment qualifies under the employment creation program, the agency may 14 then grant permanent resident status to the qualifying foreign national for a conditional … Whether Plaintiffs Continued to have an Investment Risk 16 To qualify for an EB-5 visa, a foreign investor must establish that

Galvez v. Cuccinelli

387 F. Supp. 3d 1208 · District Court, W.D. Washington · Jul 17, 2019

Federal Law Congress created the SIJ status in 1990 as a means of alleviating "hardships experienced by some dependents of United States juvenile courts by providing qualified aliens with the opportunity to apply for special … Instead, it ignored state law - which clearly granted to the state courts jurisdiction to make custody and care determinations for named plaintiffs - and the state courts' factual determinations, declaring those courts incompetent

Z.A.

District Court, W.D. Washington · Feb 26, 2026

Congress established the TPS 9 program as part of the Immigration Act of 1990, Pub L. … It is likely 20 that Petitioner will qualify for the TPS program.

Nat'l Prods., Inc. v. Arkon Res., Inc.

294 F. Supp. 3d 1042 · District Court, W.D. Washington · Feb 14, 2018

NPI asserts that there was no evidence of "unforeseen or unusual circumstances" presented at trial, and the jury's finding that Arkon's infringement was willful establishes that it was of the kind that necessarily establishes … As a result, the Supreme Court held that " inadvertent infringement of a weak mark is not sufficient to qualify as a public interest for the purpose of awarding attorney fees under the Consumer Protection Act." Id.

Amazon.com, Inc. v. National Ass'n of College Stores, Inc.

826 F. Supp. 2d 1242 · District Court, W.D. Washington · Sep 26, 2011

Med-Immune, Inc. v. Genentech, Inc., 549 U.S. 118, 126-27 , 127 S.Ct. 764 , 166 L.Ed.2d 604 (2007). … Because Amazon has met its burden to establish that it satisfies the Declaratory Judgment Act’s “actual controversy” requirement, the court concludes that Amazon has also met its burden to establish that the court has subject