Washington Injunction Law
<h2> <center> Leda Health Corporation v. Jay Robert Inslee </h2> </center>
<h2><br> Seattle, Washington civil litigation lawyer sought a preliminary injunction against the Defendant.<br> <h2><br> <br> Leda Health is a company known for developing Early Evidence Kits (“EEKsâ€)- products that allegedly enable sexual assault survivors to “self-collect and store evidence such as DNA†if they are unable or unwilling to seek a traditional forensic medica... More...
$0 (10-21-2024 - WA)<h2><center> Marvin Holmes, Jr. v. CRU Data Security Group, L.L.C. </h2></center>
Tacoma, Washington civil rights lawyer represented the Plaintiff who sued the Defendant on a 42:1981 Job Discrimination (Race) race theory.<br> <br> "Job discrimination based on race or color is illegal in the United States. Federal, state, and local laws protect individuals from discrimination in all aspects of employment, including:<br> <br> Hiring and firing: Employers cannot base hiring o... More...
$0 (12-08-2023 - WA)<h2> <center> Bob Dawson, et al. v. Porch.com, Inc., et al. </h2> </center>
Seattle, Washington consumer law lawyer represented Plaintiffs who sued Defendants on Telephone Consumer Protection Act violation theories.<br> <br> Defendants claimed to have identified “a real question†regarding the viability of plaintiffs' autodialer claims, and plaintiffs have not shown that they will be prejudiced if a stay is ordered. Wood v. McEwen, 644 F.2d 797, 802 (9th Cir.... More...
$0 (03-28-2023 - WA)<h2><center> Bob Dawson, et al. v. Porch.com, Inc., et al. </h2> </center>
Seattle, WA: Consumer law lawyers represented Plaintiffs who sued Defendants on Telephone Consumer Protection Act (47 U.S.C. 227) violations.<br> <br> See: 47 U.S.C §227. Restrictions on use of telephone equipment<br> (a) Definitions<br> <br> As used in this section—<br> <br> (1) The term “automatic telephone dialing system†means equipment which has the capacity—<br> ... More...
$0 (08-17-2021 - WA)<center> <h2> American Freedom Defense Initiative v. King County </h2> </center>
<center><br> <img width="300" src="http://www.wawb.uscourts.gov/sites/default/files/slideshow/SeattleCourthouse1.jpg"><br> </center><br> <br> King County provides public transportation in the greater<br> Seattle metropolitan area. The County finances its transit<br> operations in part by selling advertising space on the exterior<br> of buses. Although many municipalities restrict advertising<br> t... More...
$0 (09-30-2018 - WA)<center> <h2> Richard Lee Rynearson, III v. Robert Ferguson <P> <img width="300" src="http://www.wawb.uscourts.gov/sites/default/files/slideshow/SeattleCourthouse1.jpg"> <P> Western District of Washington Federal Courthouse - Seattle, Washington </h2> </center>
This appeal calls on us to consider the scope of federal<br> court abstention under Younger v. Harris, 401 U.S. 37 (1971).<br> In particular, we consider whether federal courts should<br> abstain from exercising jurisdiction over a constitutional<br> challenge to a state criminal statute while there are ongoing<br> state court protection order proceedings arguably related to<br> the challenge to t... More...
$0 (09-10-2018 - WA)<center> <h2> Eva Moore v. John Urquhart <P> <img width="300" src="http://www.wawb.uscourts.gov/sites/default/files/slideshow/SeattleCourthouse1.jpg"> <P> Western District of Washington Federal Courthouse - Seattle, Washington </h2> </center>
This is a class action challenging the constitutionality of<br> a Washington statute that allows tenants to be evicted from<br> their homes without a court hearing. Plaintiffs seek<br> declaratory and injunctive relief against the Sheriff of King<br> County, whose office enforces the challenged statute by<br> executing the eviction orders. The district court dismissed<br> the action with prejudice... More...
$0 (08-19-2018 - WA)<center> <h2> Mickey Fowler v. Tracy Guerin <P> <img width="300" src="http://www.wawb.uscourts.gov/sites/default/files/slideshow/SeattleCourthouse1.jpg"> <P> Western District of Washington Federal Courthouse - Seattle, Washington </h2> </center>
Washington public school teachers Mickey Fowler and Leisa Maurer bring this class action to order the Director of the Washington State Department of Retirement Systems (“DRS”) to return interest that was allegedly skimmed from their state-managed retirement accounts. The district court denied the stipulated motion to certify a class and then dismissed the action as prudentially unripe. We conc... More...
$0 (08-19-2018 - WA)<center><h2>UNITED STATES OF AMERICA v. KING MOUNTAIN TOBACCO COMPANY, INC.</h2> <table> <td> <img width="200" src="http://www.kingmountaintobacco.com/img/headerLogo.png"> </td> <td> <img width="200" src="https://upload.wikimedia.org/wikipedia/commons/thumb/b/ba/Seal_of_the_United_States_Court_of_Appeals_for_the_Ninth_Circuit.svg/1200px-Seal_of_the_United_States_Court_of_Appeals_for_the_Ninth_Circuit.svg.png"> <td> </td> <td> <img width="200" src="http://162.247.142.82/wp-content/uploads/2016/02/YakamaLogo.gif"> <td> </td> </table></center><center><h2><FONT COLOR="red"> </FONT> </h2>
In 2006 the late Delbert Wheeler, Sr., a lifelong-enrolled member of the Yakama Nation in Washington State, purchased “80 acres of trust property . . . from the Yakama Nation Land Enterprise, the agency of the Yakama Nation which is charged with overseeing the maintenance of real property held in trust by the United States for the benefit of the Yakama Nation and its members.” Wheeler then op... More...
$0 (08-17-2018 - WA)<center> <h2> Michelle Merceri v. Deutsche Bank, AG, et al. <P> <img width="300" src="https://www.courts.wa.gov/images/div2chg.jpg"> <p> Washington Court of Appeals, Division 1 - Tacoma, Washington <h2> </center>
Under RCW 4.16.230, the statute of limitations is tolled<br> when the commencement of an action is stayed by a statutory prohibition. Under<br> the federal bankruptcy code, actions to foreclose on a debtor's property are<br> stayed while the property at issue is part of the bankruptcy estate. We are asked<br> to determine whether the bankruptcy stay is a statutory prohibition that tolls the<br> st... More...
$0 (01-22-2018 - WA)<center> <h2> Quinault Indian Nation v. Mary Linda Pearson <P> <img width="300" src="http://www.wawb.uscourts.gov/sites/default/files/slideshow/SeattleCourthouse1.jpg"> <P> Federal Courthouse - Seattle, Washington </h2> </center>
Once again, the issue of tribal sovereign immunity and<br> cigarette taxes is back in the federal courts. In this iteration,<br> the Quinault Indian Nation (the “Nation”) sued Edward A.<br> Comenout, Jr.; Robert R. Comenout, Sr.; and other<br> defendants for engaging in a scheme to defraud the Nation<br> of taxes. When the Nation later asked the district court to<br> dismiss its action, Edward... More...
$0 (08-30-2017 - WA)<center> <b><h2>STATE OF WASHINGTON V. DONALD J. TRUMP</b></h2></center> <P> <center> <img width=300" src="https://encrypted-tbn1.gstatic.com/images?q=tbn:ANd9GcTPrVtcVg-G58i-60babD6Ya3o86uo0-TiIfg9gpWg0e5v_lAQl8pIfeck"> <h2><FONT COLOR="red"> </FONT> </h2><center><b><h4>Appeals Court Deals New Blow To Donald Trump’s Travel Ban Targeting Muslims</ center></b></h4> </center>
On January 27, 2017, the President issued Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Executive Order”). 82 Fed. Reg. 8,977. Citing the terrorist attacks of September 11, 2001, and stating that “numerous foreign-born individuals have been convicted or implicated in terrorismrelated crimes” since then, the Executive Order de... More...
$0 (02-09-2017 - WA)<center> <h2> Stephen Faciszewski v. Michael R. Brown </h2> <P> <img width="400" src="http://www.tiogacountysheriff.com/usr/Civil/eviction.jpg"> </center>
This case concerns provisions of Seattle's "Just Cause<br> Eviction Ordinance," codified at Seattle Municipal Code 22.206.160(C). We must<br> determine whether the court in an unlawful detainer action can consider evidence<br> challenging just cause once the landlord files the certification allowed under Seattle<br> Municipal Code 22.206.160(C)(4).<br> The court commissioner presiding over the sho... More...
$0 (12-22-2016 - WA)United States of America v. Cristobal Ortiz a/k/a Filero
Seattle, WA - Long Time Skagit County Violent Drug Dealer Sentenced to Ten Years in Prison<br> <br> Guns, Drugs, Cash seized from Defendant with Lengthy Criminal History<br> <br> A long-time Skagit County, Washington drug dealer and gang member was sentenced to ten years in prison for conspiracy to distribute controlled substances and possessing a firearm in furtherance of drug trafficking. CRIST... More...
$0 (06-02-2016 - WA)United States of America v. Tovy Pustovit
Tacoma, WA - Former Vancouver, Washington Men Sentenced for ‘Pump and Dump’ Stock Fraud Scheme<br> <br> One Defendant was Implicated in Earlier Case – Committed Fraud After Judicial Order<br> <br> A former Vancouver, Washington resident was sentenced today in U.S. District Court in Tacoma to 51 months in prison for a ‘pump and dump’ stock scheme he undertook even after narrowly avoiding... More...
$0 (12-18-2015 - WA)United States of America v. Dental Care Associates of Spokane Valley
The United States filed its First Amended Complaint in this action on June <br> 16, 2015, seeking a permanent injunction against Defendants that would require <br> them to adhere to federal tax laws by timely filing employment tax returns, timely <br> paying the Internal Revenue Service (IRS) federal employment taxes, and not <br> assigning or transferring any property until Defendants pay the tax... More...
$0 (11-26-2015 - WA)Auto. United Trades Org. v. State Of Washington
Washington State taxes fuel. LAWS OF 1921, ch. 173, § 2. Not long <br> after the state began taxing fuel, the people approved the eighteenth amendment <br> to our constitution. This provision limits the use of motor fuel taxes to <br> "highway purposes," including "[r]efunds authorized by law for taxes paid on <br> motor vehicle fuels." WASH. CONST. art. II, § 40( d). <br> Several Indian tribes ... More...
$0 (08-27-2015 - WA)Trujillo v. Nw. Tr. Servs., Inc.
In 2006, Trujillo took out a loan for $185,900 from Arboretum Mortgage <br> Corporation to buy her home. This loan was evidenced by a promissory note secured <br> by a deed of trust dated March 29, 2006 encumbering the home. CP at 17.2 The <br> deed of trust was recorded in King County on March 31, 2006. Id. <br> Arboretum sold this loan to Wells Fargo in 2006. CP at 86. Wells Fargo sold <br> the ... More...
$0 (08-20-2015 - WA)American Freedom Defense v. King County
Defendant King County’s public transit agency, Metro,<br> operates an extensive public transportation system in the<br> greater Seattle metropolitan area, with the primary purpose of<br> providing safe and reliable public transportation. Like many<br> transit agencies, Metro finances its operations in part by<br> selling advertising space, including on the exteriors of its<br> buses. Advertiseme... More...
$0 (08-12-2015 - WA)Tulalip Tribes v. Suquamish Indian Tribe
Seattle, WA - Ninth Circuit resolves Indian fishing rights dispute<br> <br> In this treaty fishing rights case, the Tulalip Tribes (“the<br> Tulalip”) invoked the district court’s continuing jurisdiction<br> as provided by the permanent injunction in United States v.<br> Washington, 384 F. Supp. 312, 419 (W.D. Wash. 1974)<br> (Decision I), aff’d, 520 F.2d 676 (9th Cir. 1975), by filing a<b... More...
$0 (07-27-2015 - WA)STORMANS INC V. JOHN WIESMAN
The Commission regulates the practice of pharmacy in the state of Washington. Wash. Rev. Code § 18.64.001. A comprehensive regulatory scheme tasks the Commission to, among other duties, “[r]egulate the practice of pharmacy and enforce all laws placed under its jurisdiction”; “[e]stablish the qualifications for licensure of pharmacists or pharmacy interns”; conduct and manage disciplinar... More...
$0 (07-25-2015 - WA)Thomas F. Merry v. Northwest Trustee Services, Inc. and Nationstar Mortgage, LLC
Thomas Merry appeals the dismissal of a declaratory judgment action in which he sought to establish the priority of his deed oftrust on a residential property after a trustee, claiming to act on behalf of Nationstar Mortgage, LLC, commenced nonjudicial foreclosure. Relying on Rain v. Metropolitan Mortgage Group, 175 Wn.2d 83, 93, 285 P.3d 34 (2012), Mr. Merry contends that Nationstar had no enforc... More...
$0 (06-04-2015 - WA)Michael Romney v. Franciscan Medical Group
Washington has a strong public policy favoring arbitration.<br> Because of that clear policy, an employer-employee arbitration agreement will be<br> upheld even if certain provisions of the agreement are substantively unconscionable so<br> long as those provisions are severable.<br> The arbitration agreement allows plaintiff-employees to seek damages claimed<br> as well as any attorney fees and co... More...
$0 (02-17-2015 - WA)Kitsap County v. Kitsap Rifle and Revolver Club
The Kitsap Rifle and Revolver Club appeals from the trial court' s decision<br> following a bench trial that the Club engaged in unlawful uses of its shooting range property.<br> Specifically, the Club challenges the trial court' s determinations that the Club had engaged in an<br> impermissible expansion of its nonconforming use; that the Club' s site development activities<br> violated land use ... More...
$0 (02-10-2015 - WA)Cindy Lee Garcia v. Google, Inc.
While answering a casting call for a low-budget amateur film doesn’t often lead to stardom, it also rarely turns an aspiring actress into the subject of a fatwa. But that’s exactly what happened to Cindy Lee Garcia when she agreed to act in a film with the working title “Desert Warrior.†The film’s writer and producer, Mark Basseley Youssef—who also goes by ... More...
$0 (02-28-2014 - WA)Tamara Frizzell v. Barbara Murray
Respondent Tamara Frizzell received a $100,000 loan from petitioner Barbara Murray, secured by a deed of trust on Frizzell's home. Frizzell defaulted and a nonjudicial foreclosure sale was set. Before the sale, Frizzell filed an action against Barbara and her husband Gregory Murray, alleging several claims, as well as a motion for an order to enjoin the sale. A judge stayed the sale, conditioned u... More...
$0 (12-05-2013 - WA)Daniel T. Miller v. Chad Wright
This is the latest iteration of cigarette vendors’ challenge to taxes imposed by virtue of the authority vested in an Indian tribe. Appellants Daniel T. Miller (Miller), Amber Lanphere (Lanphere), and Paul M. Matheson (Matheson) appeal the district court’s dismissal of their antitrust action against appellees Herman Dillon (Dillon), Chad Wright (Wright) and the Puyallup Tribe (the Tr... More...
$0 (01-17-2013 - WA)Mount Hope v. Bash Back!
Mount Hope Church (“Mount Hope†or “the Churchâ€)<br> appeals a sanction order granting attorneys’ fees and costs to<br> Appellees Riseup Networks (“Riseupâ€) and Objector<br> dkwatt@riseup.net (“dkwattâ€) under Federal Rule of Civil<br> Procedure 45(c)(1). The order, which followed the quashing<br> of a subpoena seeking identifying information f... More...
$0 (11-28-2012 - WA)Dex Media West, Inc. v. City of Seattle
The “yellow pages†telephone directory was once a ubiquitous part of American life, found in virtually every household and office. We were regularly encouraged to let our fingers do the walking. But times have changed, and today phone books, like land-line telephones themselves, are not so universally accepted.<br><br>The City of Seattle imposes substantial conditions and costs on the ... More...
$0 (10-15-2012 - WA)Robin Farris v. David Seabrook
The district court granted a preliminary injunction prohibiting the State of Washington from enforcing its limitation on contributions to political committees supporting the recall of a state or county official. We conclude that the plaintiffs satisfied their burden under Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), to demonstrate that the contribution limit is likely an u... More...
$0 (01-19-2012 - WA)M.R. v. Susan Dreyfus
Plaintiffs, Washington State Medicaid beneficiaries with severe mental and physical disabilities, appeal the district court’s denial of their motion for a preliminary injunction. Plaintiffs seek to enjoin the operation of a regulation promulgated by Washington’s Department of Social and Health Services (“DSHSâ€) that reduces the amount of in-home “personal care servi... More...
$0 (12-16-2011 - WA)Kevin Dolan v. King County
In Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963), the United States Supreme Court guaranteed to indigents the right of legal representation at public expense. King County, like other local governments in this state, sought ways to provide the required defense services to indigent criminal defendants. After investigating several different models, the county settled... More...
$0 (08-18-2011 - WA)Larry Michaels v. CH2M Hill, Inc.
There was a catastrophic failure at the Spokane wastewater treatment plant. One man was killed, two others were severely injured. The survivors successfully sued an engineering firm that was working with the city at the time. We must decide whether that firm enjoys Industrial Insurance Act immunity under RCW 51.24.035. The appellants also challenge the trial judge's rulings on duty, cause... More...
$0 (05-26-2011 - wa)Raymond T. Balvagel v. Ryderwood Improvement and Services Association, Inc.
We hold that a residential community that has continuously operated as a retirement community for persons age 55 or older can qualify for the housing for older persons exemption from the Fair Housing Act’s prohibition on familial status discrimination by establishing that it currently satisfies the exemption’s three statutory and regulatory criteria at the time of the alleged violati... More...
$0 (04-28-2011 - WA)David Lahoti v. Vericheck, Inc.
Appellant David Lahoti appeals from the district court’s finding, on remand, that he violated the Lanham Act, the Anticybersquatting Consumer Protection Act (ACPA), the Washington Consumer Protection Act (WCPA), and Washington common law. The appeal turns in significant part on whether the district court followed this court’s instructions on remand in finding that Respondent Verichec... More...
$0 (02-16-2011 - WA)Cyril Heavens v. King County Rural Library District
Fundamentally, this action, commenced under our Uniform Declaratory Judgments Act (RCW 7.24), challenges the constitutionality 1 of Laws of 1961, chapter 162, which authorizes local improvements districts for public libraries. 2<br> <br> After trial, the court dismissed plaintiffs' complaint with prejudice but continued a temporary injunction in force against defendants, the King County Ru... More...
$0 (10-14-1965 - WA)Shirley-Ann Leu v. International Boundary Commission, et al.
Dennis Schornack appeals the district court’s order denying cross motions by Schornack and David Bernhardt in which each sought to have the other’s filings quashed or struck from the case. The case arose out of a property dispute between Shirley-Ann and Herbert Leu and the International Boundary Commission (IBC), an organization tasked with defining, marking, and maintaining the boun... More...
$0 (05-19-2010 - WA)Stormans, Inc. v. Mary Selecky, Secretary of the Washington State Department of Health, et al.
We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Boardâ€) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDAâ€)–approved medications and prohibit discrimination against patients, on the ground that the rule... More...
$0 (10-30-2009 - WA)City of Woodinville v. Northshore United Church of Christ
Tent City 4 is a movable encampment of <br><br>homeless people in the Puget Sound area sponsored by nonprofit Seattle <br><br>Housing and Resource Effort/Women's Housing Equality and Enhancement <br><br>Project (Share/Wheel). The encampment houses approximately 60-100<br><br>people and moves from place to place every 90 days. It relies on property <br><br>owners to volunteer sites and in 2006 a... More...
$0 (07-16-2009 - WA)Philip Morris USA, Inc. v. King Mountain Tobacco Company, Inc., et al.
This case is yet another of the difficult Indian jurisdiction cases considered by this court. The precise question presented is whether there is colorable tribal court jurisdiction over a nonmember’s federal trademark and related state law claims against tribal defendants for alleged passing off of cigarettes on the Internet, on the reservation of another tribe, and elsewhere.<br><br>Philip... More...
$0 (06-11-2009 - WA)