Carrion v. Agfa Construction, Inc.
720 F.3d 382
| 2d Cir. | 2013Background
- Carrion sued Agfa Construction for § 1981 discrimination and other state-law claims, and alleged a Davis-Bacon prevailing wage right as a third-party beneficiary.
- The District Court granted summary judgment dismissing Carrion’s prevailing wage claim under Grochowski v. Phoenix Construction.
- A four-day trial resulted in a verdict for Carrion on discrimination and unpaid wages, but with only nominal damages and $5,000 in punitive damages, later reduced by the court.
- The District Court set aside the punitive-damages award and denied Carrion’s motion for a new trial on damages.
- The court ultimately affirmed the amended judgment; Grochowski remained controlling for the prevailing-wage claim, and no punitive-damages or new-trial errors were found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Carrion’s Davis-Bacon claim foreclosed by Grochowski? | Carrion argues Grochowski should be reconsidered or limited. | Grochowski remains controlling law foreclosing third-party Davis-Bacon claims. | Grochowski governs; prevailing-wage claim dismissed. |
| Was punitive damages error-free to affirm? | District Court erred by removing punitive damages. | No malice; conduct not egregious; punitive damages improper. | District Court’s Rule 50 ruling affirmed; no punitive damages. |
| Should the damages order be reconsidered on a new-trial basis? | Jury damages were irrational; new trial warranted. | Damage award supported by record; no miscarriage of justice. | No abuse of discretion; denial of new trial affirmed. |
Key Cases Cited
- Grochowski v. Phoenix Construction, 318 F.3d 80 (2d Cir. 2003) (private third-party Davis-Bacon claims barred)
- Astra USA, Inc. v. Santa Clara County, Cal., 131 S. Ct. 1342 (Sup. Ct. 2011) (Supreme Court approving Grochowski analysis)
- Cal. Div. of Labor Standards Enforcement v. Dillingham Constr., N.A., 519 U.S. 316 (Sup. Ct. 1997) (Davis-Bacon act scope and purpose; local wage standards)
- Kolstad v. American Dental Ass'n, 527 U.S. 526 (Sup. Ct. 1999) (malice standard for punitive damages under Title VII)
- Tepperwien v. Entergy N.Y., Inc., 663 F.3d 556 (2d Cir. 2011) (standard for punitive damages; review of malice/indifference)
- Chin v. Port Authority of New York & New Jersey, 685 F.3d 135 (2d Cir. 2012) (standard for abuse of discretion in denying new trials)