United States First Circuit

In a challenge to defendant-city's ordinance that requires bidders on municipal public works projects to engage in a bona fide apprentice training program registered with the Massachusetts Department of Labor Standards, summary judgment in favor of plaintiffs and award of attorney fees is: 1) affirmed in part, where the district court properly concluded that the apprentice training requirement was preempted by the Employee Retirement Income Security Act of 1974 (ERISA); but 2) reversed in part and remanded, where the attorney fees were not authorized under ERISA, and the district court must consider, in the first instance, whether any fees beyond the $20,725 conceded by the City are awardable under 42 U.S.C. section 1988(b) and, if so, in what amount.

Appellate Information

• Decided 07/16/2014
• Published 07/16/2014

Judges

• SELYA

Court

• United States First Circuit

Counsel