Appeals court hears arguments over retaliation verdict and punitive damages in Romano v. City of Lawrence

May it please the court: the Massachusetts Appeals Court heard arguments in Romano v. City of Lawrence (No. 24353) over whether a jury’s verdict finding retaliation and awarding punitive damages to Major Kathleen Romano can be reconciled with verdicts for the school on related claims.

The issue on appeal, argued by Michael Byrne for the defendants Lawrence Public Schools and the City of Lawrence, is whether there is any record evidence from which a reasonable juror could find that the school’s actions constituted a materially adverse employment action that would support retaliation or the level of misconduct needed for punitive damages. Byrne told the panel the trial judge searched for ways to reconcile an apparently inconsistent verdict and proposed three possible rationales, but the…