United States First Circuit

In an employment termination action, district court judgment is affirmed where: 1) the evidence was sufficient for a jury to conclude that protected conduct played enough of a role in plaintiff's discharge to support the verdict that defendant was substantially motivated by an aim to retaliate; 2) the court did not abuse its discretion in failing to grant remittitur as substantial evidence allowed the jury to conclude that plaintiff likely could not have found a job earning substantial income; and 3) the court did not err in refusing to submit the question of punitive damages to the jury as there was no direct evidence that defendant acted in whole or in part to retaliate for the law suit.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, TASHIMA, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Mary Jo Harris with whom Robert P. Morris and Morgan, Brown & Joy LLP were on brief for defendants-appellants/cross-appellees., Michael W. Reilly with whom Tommasino & Tommasino and Rosemary Curran Scapicchio were on brief for plaintiff-appellee/cross-appellant.