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Appeals

  • Kelley v. Dept. of Conservation and Recreation , 2016 Mass. App. Unpub. Lexis 1007 (affirming a jury verdict of over $875,000 in a case involving retaliatory transfer, with punitive damages and emotional distress awards of $250,000 and $500,000, respectively) (Robert S. Mantell)
  • Trychon v. MBTA , 2016 Mass. App. LEXIS 124.  Kevin Powers successfully appeals the trial court’s dismissal of a claim of retaliation for whistleblower activity.
  • Esler v. Sylvia-Reardon, 2015 Mass. App. Unpub. LEXIS 137 (2015) , aff’d 473 Mass. 775 (2016).  Jonathan Margolis and Beth Myers successfully appeals the Superior Court’s ruling that set aside a $1.2 million jury verdict awarded to a nurse who Massachusetts General Hospital retaliated against for taking time off under the Family and Medical Leave Act. A s a ...
  • Gyulakian v. Lexus of Watertown , 475 Mass. 290 (2016).  Robert Mantell and Lori Jodoin prevailed in the appeal of a sexual harassment case, which established that the employer, a car dealership, engaged in outrageous or egregious misconduct in permitting harassment to continue.  As the result of the appeal, the Supreme Judicial Court reinstated a punitive damages award of $500,000. ...
  • Haddad v. Wal-Mart Stores, Inc. , 455 Mass. 91 (2009) (gender discrimination case resulting in the highest award of punitive damages ever affirmed by the Supreme Judicial Court in an employment case, and the front pay damages were affirmed for a longer period than any other employment claim before that court) (Robert S. Mantell)
  • Henderson v. Burlington Coat Factory Warehouse of Braintree, Inc. , Memorandum of Decision Pursuant to Rule 1:28, App. No. 07-P-1248, July 1, 2008 (Kevin G. Powers)
  • Cachopa v. Stoughton , 72 Mass. App. 657 (2008) (intentional interference with contractual relations claim, in relation to the plaintiff’s removal as police chief) (Kevin G. Powers)
  • Cappucci v. Boston University , Memorandum and Order Pursuant to Rule 1:28, App. No. 06-P-887, September 17, 2007) (reversing dismissal of a case alleging retaliation and wrongful discharge in violation of public policy) (Kevin G. Powers)
  • Clifton v. MBTA, 445 Mass. 611 (2005) (race discrimination and retaliation) (Kevin Powers and Robert S. Mantell)
  • Noviello v. City of Boston , 398 F.3d 76 (1st Cir. 2005) (establishing recognition of a retaliatory harassment claim). (Robert S. Mantell)