Where a defendant employer was awarded summary judgment in a dispute over prevailing wages, the judgment must be vacated and a remand ordered now that the Massachusetts Supreme Judicial Court has issued an opinion answering two questions of Massachusetts law that were certified to it.
“This case returns to us after the Massachusetts Supreme Judicial Court (‘SJC’) issued an opinion answering two questions of Massachusetts law, each of which we certified to it. Nicholls v. Veolia Water Cont. Operations USA, Inc., 144 F.4th 354 (1st Cir. 2025); Nicholls v. Veolia Water Cont. Operations USA, Inc., 281 N.E.3d 966 (Mass. 2026). We assume familiarity with the facts, statutory framework, and procedural history, which are set out in our prior opinion and the SJC’s opinion. The SJC’s answers rejected the two interpretations of Massachusetts law on which the federal district court, sitting in diversity, had relied in granting summary judgment to Veolia. The parties then filed supplemental briefs addressing the effect of the SJC’s answers on this appeal. We agree with plaintiffs that further proceedings in the district court are required. Veolia’s arguments for affirmance mischaracterize both the record and the SJC’s opinion. We reverse the order granting summary judgment to Veolia, vacate the judgment, and remand for prompt resolution of the remaining issues of fact and law in light of the SJC’s clarification of Massachusetts law. …
“… Plaintiffs are employees of Veolia who seek...
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