Decision to make salary lawsuit class action delayed
February 1, 2005
The Superior Court decision whether to certify a class action lawsuit brought by engineering professor Duane Storti against the UW was stalled Friday when University attorneys asked for an extension to file another brief.
Despite the delay, Stephen Strong, one of Storti's attorneys, was optimistic yesterday that the certification would eventually be granted, allowing thousands of UW faculty to join the lawsuit over a missed 2-percent pay increase for 2002-03.
"I think the judge was inclined to grant the motion," Strong said, adding that it is not uncommon for a judge to accept more briefs. "It doesn't matter if [UW attorneys] have another day."
The new brief will argue academic freedom bars UW faculty from forming a class action., according to Mike Madden, an attorney representing the UW. The brief will question whether Storti is eligible to represent the UW faculty in a class-action lawsuit, said Madden. Because Storti was never elected as a faculty representative, he may not be permitted to speak on behalf of his collegues.
"It's not very clear to me," Strong said with a laugh. "I think the University hasn't figured out what to say."
UW attorneys will file the new brief by Feb. 11. Strong will then write a response, and after an undetermined time period the case will proceed.
"It's a conflict between professor Storti's position and the position of faculty leadership," Madden said, adding that there is "not a great deal of urgency" in the court proceedings.
The case will probably take 18 to 24 months to resolve, said Madden.
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