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CUDNEY v. ALSCO, INC.

No. 83124-6.

259 P.3d 244 (2011)

Certification from the United States District Court for the Eastern District of Washington in Matthew CUDNEY, Plaintiff, v. ALSCO, INC., a Nevada corporation, Defendant.

Supreme Court of Washington, En Banc.

Decided September 1, 2011.

Attorney(s) appearing for the Case

Keller W. Allen , Law Firm of Keller W. Allen PC, Spokane, WA, for Plaintiff.

Bryce James Wilcox , Attorney at Law, Spokane, WA, for Respondent.

James P. Mills , Office of the Attorney General, Tacoma, WA, amicus counsel for Department of Labor and Industries.

Jeffrey Lowell Needle , Jesse Andrew Wing , MacDonald Hoague & Bayless, Seattle, WA, amicus counsel for Washington Employment Lawyers Association.

George M. Ahrend , Ahrend Law Firm PLLC, Moses Lake, WA, Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, amicus counsel for Washington State Association for Justice Foundation.

OWENS, J.

¶ 1 This case allows us to consider whether the Washington Industrial Safety and Health Act of 1973 (WISHA), chapter 49.17 RCW, and Washington's laws prohibiting driving while under the influence (DUI) are inadequate to promote the public policies underlying them. Matthew Cudney, whose employment was terminated by ALSCO Inc., asserted a claim in federal court for wrongful discharge in violation of public policy. Cudney alleges that he was terminated...

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