United States First Circuit

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Walsh v. Zurich Am. Ins. Co., 15-2245

In an employment suit in which the jury found that defendant breached employment agreements with plaintiff when it substantially reduced his incentive pay for a lucrative deal -- the largest of its type in the company's history -- and did not pay incentive on another deal, the district court's judgment awarding plaintiff double damages and attorney fees is: 1) vacated in part insofar as it incorporates the jury's verdict on the Automobile Protection Corp. (APCO) deal, where the district court erroneously concluded that, if plaintiff had an enforceable incentive plan when the unprecedented deal was struck with APCO, defendant lacked discretion as a matter of law to change plaintiff's incentive formula for that deal; and 2) affirmed in part with respect to the Great American Insurance Company (GAIC) deal.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/22

Judges

  • LIPEZ

Court

  • United States First Circuit

Counsel


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