Ricky Lee v. Itt Corporation

MEMORANDUM

ITT Corporation and ITT Federal Services International Corporation (collectively, “ITT”) appeal the class certification order in this employment dispute. We have jurisdiction under 28 U.S.C. § 1292 (e). “We review a district court’s class certification order for abuse of discretion, and any error of law on which a certification order rests is deemed a per se abuse of discretion.” Conn. Ret. Plans & Trust Funds v. Amgen Inc., 660 F.3d 1170, 1174-76 (9th Cir. 2011) (citation omitted). All questions of law, including questions of foreign law, are reviewed de novo. Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468, 1473 (9th Cir. 1992).

Under Kuwaiti law, an employee has one year from the end of a work contract to file a lawsuit. See Private Sector Labour Law No. 38 of 1964, art. 96; The Law of Labor in the Private Sector No. 6 of 2010, art. 144. The parties dispute whether this time bar functions as a statute of limitations or a statute of repose. “Although there is substantial overlap between the policies of the two types of statute, each has a distinct purpose and each is targeted at a different actor.” CTS Corp. v. Waldburger, — U.S. —, 134 S.Ct. 2175, 2183…