George v. National Water Main Cleaning Co.
286 F.R.D. 168
D. Mass.2012Background
- This is a putative Massachusetts wage-and-hour class action against National Water Main Cleaning Company and Carylon Corporation for allegedly underpaying employees on municipal contracts in MA, CT, and RI.
- RICO defendants (Sullivan, LaFrancesca, and Cummings) are alleged to have mailed false payroll certifications in furtherance of a racketeering scheme.
- The Named Plaintiffs move for class certification and the court grants certification but denies amendments to add another RICO defendant.
- The court grants judgment on the pleadings as to the RICO claims and related common-law claims arising under Massachusetts law, while Massachusetts tips-act based claims are treated as the controlling remedy.
- The class is defined to include all past and present prevailing wage-eligible workers for contracts between NWMCC (and Carylon if proven) and CT, MA, or RI entities from December 7, 2006 to judgment, where prevailing wage rates were required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether the class satisfies Rule 23(a) | Named Plaintiffs argue numerosity, commonality, typicality, and adequacy. | Defendants argue variability of time cards defeats commonality and typicality. | Class certification granted; commonality and predominance found substantial. |
| whether predominance is satisfied under Rule 23(b)(3) | Plaintiffs contend unified wage-policy violations predominate over individualized damages. | Defendants claim extensive individualized time-card issues predominate. | Predominance established; common questions predominate over individual issues. |
| whether the class should be certified as a single class or subclasses | Plaintiffs seek a single statewide class for all prevailing-wage claims. | Defendants favored potential subclasses by state. | Court certifies a single class definition, addressing scope and dates. |
| whether RICO claims can be maintained or amended | SAC plausibly pleaded RICO predicate acts via mailings to municipalities. | Proximate-cause deficiency and misalignment between acts and injuries defeat RICO liability. | Judgment on the pleadings granted as to RICO; amendment to add Leaver denied as moot. |
Key Cases Cited
- Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (Supreme Court 2011) (commonality can be shown by a single common question; not all questions must be common)
- Amchem Prods., Inc. v. Windsor, 521 U.S. 591 (U.S. 1997) (predominance and underriding concerns in class actions)
- General Telephone Co. of Southwest v. Falcon, 457 U.S. 147 (U.S. 1982) (commonality requires a common contention that can drive resolution)