Carrion v. Agfa Construction, Inc., No. 11-5098 (2d Cir. 2013)
Annotate this CasePlaintiff challenged the court's holding in Grochowski v. Phoenix Construction, which held that the Davis-Bacon Act, 40 U.S.C. 3141-3148, barred third-party private contract actions, brought under state law, aimed at enforcing the Act's prevailing wage schedules. The court concluded that Grochowski was the controlling law of this Circuit and foreclosed plaintiff's third-party beneficiary contract claim for failure to pay prevailing wages; the district court did not err in setting aside the jury's award of punitive damages under Federal Rule of Civil Procedure 50; the district court did not err in denying plaintiff's motion for a new trial as to damages on his discrimination claim; and, therefore, the judgment of the district court was affirmed.
The court issued a subsequent related opinion or order on October 30, 2013.
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