damages

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Varian Med. Sys., Inc. v. Delfino, 113 Cal. App. 4th 273, 6 Cal.Rptr.3d 325 (2003)

Varian and two of its executives, George Zdasiuk and Susan B. Felch, sued two former employees, Michelangelo Delfino and Mary Day, after Delfino and Day used Internet bulletin boards to post more than 13,000 derogatory messages about Varian and the two executives. Among other things, Delfino (whose employment Varian…

Ishikawa v. Delta Airlines, Inc., 343 F.3d 1129 (9th Cir. 2003)

Yasuko Ishikawa, a Delta Airlines flight attendant, was terminated for failing a drug-detection urine test. Because the test had been performed negligently and had no validity, Delta rehired Ishikawa and paid her her lost income. Ishikawa also sued LabOne, the urine-testing laboratory, for negligence, and the jury awarded her $68,000 in economic and…

Banaitis v. CIR, 340 F.3d 1074 (9th Cir. 2003)

In his tort claims against his former employer (Bank of California) and its successor (Mitsubishi Bank), Sigitas Banaitis alleged wrongful discharge and interference with his employment agreement. After losing at trial in Oregon state court (where Banaitis obtained a $6.27 million verdict in his favor) and failing in their appeals, Mitsubishi Bank and the Bank…

State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 123 S. Ct. 1513 (2003)

Curtis and Inez Campbell sued their automobile insurance carrier (State Farm) for bad faith, fraud, and intentional infliction of emotional distress after State Farm declined to settle within the $50,000 policy limit a wrongful death and personal injury lawsuit that had been filed against Curtis Campbell. Although State…

Freund v. Nycomed Amersham, 326 F.3d 1070 (9th Cir. 2003)

Jeffrey R. Freund worked as a pharmacist in Nycomed’s nuclear pharmacy in San Diego. After a few years of employment, Freund’s relationship with his supervisor, Mike Wakefield, “soured.” Freund lodged complaints about staffing, expressing his concern that overwork of staff members increased the probability that they would make a mistake that would endanger their…

Steam Press Holdings, Inc. v. Hawaii Teamsters & Allied Workers Union, 302 F.3d 998 (9th Cir. 2002)

During the course of a labor dispute, union president Mel Kahele told a number of employees of the company (Steam Press Holdings, Inc.) that the owner of the company, Michael Drace, was “making money” and “hiding it in Steam Press.” Drace sued Kahele for defamation, among other…

John Y., Jr. v. Chaparral Treatment Ctr., Inc., 101 Cal. App. 4th 565 (2002)

A jury awarded John Y., a minor, over $2.7 million as a result of a counselor’s sexual molestation of him while he lived at a group residential facility for emotionally troubled youth. Although a significant portion of the damages (including punitive damages) was awarded against the Chaparral Treatment Center (the…

Walker v. San Francisco Housing Authority, 100 Cal. App. 4th 685 (2002)

Thelma Walker was employed as a “journeyman painter” for the San Francisco Housing Authority (SFHA). In her lawsuit against the SFHA and her foreman, Walker alleged that she had been subjected to severe and pervasive sexual harassment, defamation, invasion of privacy, and interference with prospective economic advantage and assault, among other things.…

West v. Bechtel Corp., 96 Cal. App. 4th 966 (2002)

Plaintiff, a former engineer who worked for Bechtel Corp. for more than 30 years, sued the company for age discrimination and breach of contract. At trial, plaintiff received a jury verdict of $101,852.27 for lost salary and emotional distress damages. The Court of Appeal reversed the judgment on the age discrimination claim for lack…