Washington State Courts: Washington State Supreme Court Calendar
Tuesday, October 26, 1999
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9:00 A.M.
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Olympia
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Tuesday, October 26, 1999
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Case No. 1 - 67519-8
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COUNSEL
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Seattle Professional Engineering Employees Association, an unincorporated voluntary association; Victoria Beach, William Osborn, Todd Ritcheson, and Brant Castleton, individuals, on behalf of themselves and all persons similarly situated,
and
Department of Labor and Industries of the State of Washington,
v.
The Boeing Company
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James Webster
Lynn Weir
Richard Blumberg
Martha Lantz
Philip Morse
Karen Kruse
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SYNOPSIS: (1) Whether the minimum wage act and/or equitable theories of contract or quasi-contract recovery entitle certain Boeing employees to compensation for work performed at unpaid "pre-employment" orientation sessions. (2) Whether Boeing employees' claims under contract or quasi-contract theories, if viable, are pre-empted by federal labor law. (3) Whether certain Boeing employees were properly excluded from recovery under the minimum wage act. (4) Whether those Boeing employees covered by the minimum wage act are entitled to wages at their regular rate of pay. (5) Whether the three-year statute of limitations of RCW 4.16.080(2) or the catch-all two-year limitation of RCW 4.16.130 applies to actions brought under the minimum wage act.
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Case No. 2 - 67619-4
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COUNSEL
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Myrtle Huff,
v.
Gerry J. Budbill and Jane Doe Budbill and the marital community thereof
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Ronald Golberg
M. Colleen Barrett
Edward Harley III
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SYNOPSIS: Whether the plaintiff must have a good faith belief that the defendant has departed the state in order to employ substituted service on the Secretary of State under the "absent motorist statute", RCW 46.64.040.
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Case No. 3 - 67796-4
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COUNSEL
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M.A. Mortenson Company, Inc.,
v.
Timberline Software Corporation and Softworks Data Systems, Inc.
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Bradley Powell/Catherine Clark
Theodore Russell
Charles Peery/Michael Ricketts
Michael Grace
Laura Knechtel
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SYNOPSIS: Whether an accepted purchase order for a software license was effectively supplemented by the terms of a standard licensing agreement printed on the software packaging and installed with the program, and if so, whether the term limiting damages to recovery of the purchase price is unconscionable.
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These summaries are not formulated by the Court and are provided for the convenience of the public only.
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