9th Circ. Nixes Class Cert. Over ITT's Kuwait Project Pay

Law360, Los Angeles (July 24, 2013, 7:58 PM EDT) -- The Ninth Circuit on Wednesday overturned class certification for ITT Corp. employees who accuse the contractor of denying pay and benefits promised in their employment contracts for projects in Kuwait, saying it could not determine how many potential class members would be affected by a conflict with Kuwaiti law.

A three-judge panel reversed U.S. District Judge John C. Coughenour's February 2012 order certifying the ITT employee class, saying the judge erred in ruling the six-year Washington state statute of limitations supplanted the one-year Kuwaiti statute of repose with respect to the class members' claims.

"Because we cannot...
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