Gary M. Feldman Achieves Victory in First Circuit Court of Appeals Retaliation Case

November 07, 2012 - Boston, MA
For more information contact: Joanne Thorud
(617) 589-3894; jthorud@davismalm.com

Davis Malm, led by attorney Gary M. Feldman, achieved a significant victory for its client, Lawrence Trainor, in Lawrence Trainor v. HEI Hospitality, LLC. On October 31, the United States Court of Appeals for the First Circuit issued a 38-page decision in this unlawful retaliation case, substantially affirming the judgment entered by the district court after an eight-day trial. The court stated in its decision, “This case was tried cleverly, by skilled counsel on both sides…The briefs on appeal are stellar.” Davis Malm successfully tried this retaliation case in federal court in Boston and an eight member jury awarded Mr. Trainor $2.25 million after unanimously finding that HEI Hospitality had retaliated against him when he asserted his legally protected right to resist age discrimination. Thereafter, the court ruled on all post-trial motions and entered a judgment in excess of $4 million, including attorney’s fees, plus pre-judgment interest, which the defendant appealed.

“We are certainly pleased with the decision of the First Circuit,” said Gary Feldman, “and Mr. Trainor will carefully consider his options with respect to the remittitur decision.”

It is no surprise that the appeals court decision came on October 31, which would have been David Rapaport’s 68th birthday. Mr. Rapaport was a shareholder at Davis Malm and lead counsel from the outset of this matter. After a long, hard-fought battle, he succumbed to cancer on January 13, 2012, the date on which the federal court ruled on all post-trial motions, essentially endorsing the jury verdict. Given Mr. Rapaport’s unwavering dedication to his clients and devotion to the practice of law, it is only fitting that these decisions in favor of Mr. Trainor came on dates that are so closely associated with Mr. Rapaport.

“I am honored to have been able to carry Dave Rapaport’s torch in this case,” said Gary Feldman. “This is a testament to his outstanding ability as a trial lawyer and advocate for employee rights.”

About Davis, Malm & D'Agostine, P.C.
Founded in 1979, Davis Malm is a premier mid-sized, full-service New England firm. The firm provides sophisticated, cost-effective legal representation to local, national, and international public and private businesses, institutions, and individuals in a wide spectrum of industries. The attorneys at the firm practice at the top level of the profession and deliver successful results to clients through direct partner involvement, responsive client service, and practical and creative problem solving.