Date: September 23, 2013 Last Edit: October 14, 2016

Becera v. Fred Meyer – Employment
Washington Supreme Court

Meyer and Expert Janitorial are seeking review by the Washington Supreme Court
in a case involving their contracts with third party janitorial firms for
cleaning Fred Meyer stores. A handful of janitors sued their janitorial
employers as well as Fred Meyer and Expert alleging minimum wage, overtime, and
meal and rest break violations. The Superior Court agreed, dismissing Fred
Meyer and Expert. However, using a very complicated and novel legal analysis,
the Court of Appeals reversed, holding that Fred Meyer and Expert were joint
employers of the janitors because of the degree of supervision and control the
court thought Fred Meyer and Expert had over the janitors’ work.

Common Sense Alliance v. San
Juan County
– Property Rights

Supreme Court – cert petition

Once again, NFIB Legal Center has
joined in calling on the Supreme Court to resolve an important question left
open in the wake of Koontz v. St. Johns River Management District. That
decision reaffirmed, in 2013, the principle that the Constitution forbids
government from imposing conditions requiring dedication of private property
for public use—except where such a condition is reasonably necessary to
mitigate anticipated harms. But many courts continue to assume a glaring
exception for conditions expressly imposed by legislative enactments. We argue
that this exception is no longer tenable in light Koontz—which strongly
suggests that there can be no “legislative exception” to the general rule that
government is foreclosed from imposing unconstitutional conditions.  

Status: PENDING. Amicus brief filed 6/10/16.

Microsoft v. Baker – Legal Reform

U.S. Supreme Court

In this case plaintiffs sought
to certify a class action; however, the District Court ruled that the class
could not be certified under the Federal Rules of Civil Procedure. The
plaintiff then sought to appeal, but the Ninth Circuit would not take the case because
the standard for granting review of an interlocutory judgement is quite
stringent. Accordingly, plaintiffs sought to have the district court issue an
order dismissing their case, which would allow them to present an appeal to the
Ninth Circuit from the final order—which would not be viewed as an
interlocutory appeal. The question presented in this case is whether this sort
of procedure should be allowed to enable plaintiffs to seek appeal of a
decision denying class action certification. NFIB Small Business Legal Center
joined with the Washington Legal Foundation in arguing that the controversy
became moot when plaintiffs sought to dismiss their own case.

 Status: PENDING. Amicus
brief filed 3/18/16.

Walston v. Boeing – Labor
Washington Supreme Court

Washington law provides a form of immunity for employers for
potential lawsuits stemming from workplace injuries. Under the state’s
statutory regime, employees must pursue such claims through workers
compensation insurance, and can only advance a lawsuit where the employer
intentionally caused his or her injuries. But in this case, a former employee
seeks to upset this long-settled understanding—arguing that he can advance an
asbestos lawsuit because the employer knew that there was a chance that, when
he was exposed to certain chemicals, the employee might have suffered injuries
on the molecular level. NFIB Legal joined with other industry groups in
rebuffing this theory—as it would open employers to a new round of asbestos


If you have a case that impacts
small business, please contact us at 1-800-552-NFIB as we are actively looking
for opportunities to weigh in on important issues in this state. NFIB Small
Business Legal Center is involved in many cases that impact this state and
others; to see our complete list of Supreme Court cases click on Washington, DC
on the interactive map.

Thank You

Related Content: Legal - Cases | Legal | Property Rights

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