Perez-Farias v. Global Horizons, Inc.

by
Three certified questions came before the court from the Ninth Circuit Court of Appeals concerning application of the farm labor contractors act (FLCA), chapter 19.30 RCW. The primary question asked whether a trial court, if awarding statutory damages under the civil remedies provision of the FLCA must award $500 per plaintiff per violation. Upon review, the Washington Supreme Court answered in the affirmative. The second question asked whether requiring a trial court to award $500 per plaintiff per violation violated due process or public policy; the Court answered in the negative, expressly limiting its analysis and holding on this question to state due process principles and statutes. The third question asked whether the FLCA provided for awarding statutory damages to persons who have not been shown to have been aggrieved by a particular violation. "Because our standing jurisprudence tracks that of the United States Supreme Court, we leave to the Ninth Circuit to answer this question based on its standing jurisprudence and the standing jurisprudence of the Supreme Court." View "Perez-Farias v. Global Horizons, Inc." on Justia Law