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TOBIN v. LIBERTY MUT. INS. CO.

Nos. 07-1764, 07-1765.

553 F.3d 121 (2009)

Kevin W. TOBIN, Plaintiff-Appellee/Cross-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided January 23, 2009.

Attorney(s) appearing for the Case

Lisa J. Damon, with whom Susan W. Gelwick and Seyfarth Shaw LLP were on brief, for defendant-appellant.

Frank J. Frisoli for plaintiff-appellee.

Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

A jury awarded plaintiff Kevin Tobin more than $1.3 million in damages based on the failure of his employer, Liberty Mutual Insurance Company, to accommodate his disability as required by federal and state law. The district court subsequently ordered a $90,000 remittitur, but rejected Liberty Mutual's contention that the evidence was insufficient to support either liability or the remaining damages award. The court also rebuffed the company's...

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