Ricky Lee v. Itt Corporation

MEMORANDUM

Lee and Rigsby worked for ITT Corporation in Kuwait. They sued ITT for allegedly failing to pay them overtime and failing to perform other requirements under their employment contracts. ITT appeals the district court’s order certifying a class of “[a]ll employees of Defendant ITT Corporation or its subsidiaries who performed work under the ‘GMASS’ contract in Kuwait.”

The district court correctly held that Kuwait’s substantive law governs these claims, but erred in applying Washington’s six-year statute of limitations. “Except as provided by RCW 4.18.040, if a claim is substantively based ... [u]pon the law of one other state, the limitation period of that state applies.... ” Rev.Code Wash. § 4.18.020. The district court erred by applying subsection 040, the “escape clause,” which says, “[i]f the court determines that the limitation period of another state applicable under RCW 4.18.020 ... is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon ... the claim, the limitation period of this state applies.” Rev.Code Wash. § 4.18.040 (emphasis added).

The Kuwait statute appears to be a statute of repose, for…