Case law

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.

City of Yakima v. International Ass'n of Fire Fighters

117 Wash. 2d 655 · Washington Supreme Court · Nov 7, 1991

Since 1980, PERC's hearing examiners and its board have consistently interpreted the proviso to mean that a civil service commission must be similar in scope, structure and authority to qualify a city for exemption from bargaining … The state personnel board members are appointed by the Governor, subject to confirmation by the Senate. 36 Persons so appointed shall have clearly demonstrated an interest and belief in the merit principle, shall not hold

State v. Brown

145 Wash. App. 62 · Court of Appeals of Washington · Jun 10, 2008

He holds a permit that qualifies him to make blood alcohol examinations. Mr. Knoy tested a sample from one of the vials twice. … The toxicologist produced a photograph of the vials, which were clearly labeled to indicate that they contained sodium fluoride.

Heller Building, LLC v. City of Bellevue

147 Wash. App. 46 · Court of Appeals of Washington · Sep 2, 2008

This was based on the court’s incorrect conclusion that because the City approved HBL’s changes, none of the work could be considered outside the scope of the permit. ¶42 Here, in order to show that its project still qualified … Therefore, HBL has not met its burden of establishing that it is entitled to relief under LUPA. 3.

Van Hoven v. United States Army Corps of Engineers

District Court, E.D. Washington · Nov 22, 2019

If only a portion or portions of the 21 material on a page qualifies for protection, the producing party also must clearly 1 margins). 2 (b) Testimony … This provision is not intended to modify 7 whatever procedure may be established in an e-discovery order or agreement that 8 provides for production without prior privilege review. 9 10.

State v. Lewis

141 Wash. App. 367 · Court of Appeals of Washington · Aug 28, 2007

It then ruled that the information on the documents, in conjunction with Wilkins’s testimony, established that the previous convictions were Lewis’s. … Expert testimony is admissible under ER 702 if (1) the witness qualifies as an expert and (2) the expert’s testimony would be helpful to the trier of fact. State v. Baird, 83 Wn.

State v. Read

163 Wash. App. 853 · Court of Appeals of Washington · Sep 19, 2011

I know where you work,’ ” clearly communicating “a serious expression” of an intent to harm Zewdu. ¶45 Further, the trial court rejected Read’s implausible claim that he did not intend to threaten Zewdu and the only reason … Magleby, 420 F.3d 1136 (10th Cir. 2005) (a statement qualifies as a true threat only if the speaker subjectively intended it as a threat); United States v. Cope, 283 F. App’x 384 , 2008 WL 2630366 , 2008 U.S. App.

In re the Trust of Mable Meeks, aka L/M Meeks No. 1 Trust

421 P.3d 963 · Court of Appeals of Washington · Jul 12, 2018

Any remaining assets were to be placed in a separate trust qualifying for the unlimited federal estate tax marital deduction. … Weeks’s last will and testament under the same two statutory provisions to conform to her clearly expressed charitable intentions.

Naini v. King County Hospital District No 2

District Court, W.D. Washington · Oct 18, 2019

If peer review immunity does not apply, then Wash. Rev. … does not immunize the corporation’s agents.

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

Chandrruangphen v. City Of Sammamish

Washington Supreme Court · Feb 12, 2026

In her view, if the City’s e-mail does not qualify as “mail” 37 Wanthida Chandrruangphen v. … An e-mailed written decision, sent only to an applicant’s attorney, does not qualify as a “publicly available” decision.

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 .

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.

State v. Parris

30 Wash. App. 268 · Court of Appeals of Washington · Sep 24, 1981

Under the most recent Supreme Court decision discussing the confrontation clause, if hearsay statements of an unavailable declarant are admissible under an established exception to the hearsay rule, there is no violation … Thomas, 571 F.2d 285 (5th Cir. 1978). *278 Clearly, DeHart's statements had such probative value.

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.

Brown v. Morton (In Re Workboats Northwest, Inc.)

201 B.R. 563 · United States Bankruptcy Court, W.D. Washington · Sep 27, 1996

As to the consideration qualifying for the subsequent new value exception, [It] may include more than goods sold on unsecured credit or money lent. … The defendants have established the new value defense to a preferential transfer. 2.

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.

National Merit Ins. Co. v. Yost

3 P.3d 203 · Court of Appeals of Washington · Jun 30, 2000

Because Yost qualified as an insured under that policy, National General paid her the $100,000 policy limit. … Rather, the plain language clearly indicates the opposite: there is no supplemental insurance over and above the highest amount available under all applicable policies.

State Of Washington, V. Elle Barksdale Loe

Court of Appeals of Washington · Jan 13, 2025

Loe did 2 Trevor was offered immunity from prosecution in exchange for his testimony at trial. … Kenneth had clearly consented to the recording as he was the one who recorded it.