Allen v. Radio Shack Corporation et al

Filing 122

DRAFT JURY INSTRUCTIONS AND SPECIAL VERDICT FORM (Attachments: # 1 Special Verdict Form)(whalc2, COURT STAFF) (Filed on 2/26/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 Plaintiff, For the Northern District of California United States District Court 10 11 v. [DRAFT] SPECIAL VERDICT FORM RADIO SHACK CORPORATION, 12 Defendant. / 13 14 No. C 11-03110 WHA FRANK ALLEN, YOUR ANSWERS TO THE FOLLOWING QUESTIONS MUST BE UNANIMOUS. 15 16 1. 17 Has plaintiff Frank Allen proven his claim for race discrimination against defendant RadioShack? YES ____________ NO _____________ 18 19 2. 20 Has plaintiff Frank Allen proven his claim for age discrimination against defendant RadioShack? YES ____________ NO _____________ 21 22 3. 23 Has plaintiff Frank Allen proven his claim for retaliation for engaging in protected activity? YES ____________ NO _____________ 24 25 4. 26 Has plaintiff Frank Allen proven his claim for discharge in violation of public policy? YES ____________ NO _____________ 27 28 5. Has plaintiff Frank Allen proven his claim for intentional infliction of emotional distress? YES ____________ NO _____________ 1 IF YOU HAVE ANSWERED “YES” TO ANY OF THE ABOVE, PLEASE CONTINUE TO THE REST OF 2 THE QUESTIONS BELOW. IF YOU HAVE ANSWERED “NO” TO ALL OF THE ABOVE, YOUR 3 DELIBERATIONS ARE COMPLETED AND YOU NEED NOT ANSWER ANY OF THE QUESTIONS 4 BELOW. 5 6. 6 Has defendant RadioShack proven that it would have terminated Frank Allen for legitimate reasons anyway? If yes, state when such termination would have been. 7 YES ____________ 8 If YES, when? __________ 9 7. State the amount of compensatory damages proven by plaintiff Frank Allen for each of the following categories as a result of any of the claims proven by him. 11 For the Northern District of California United States District Court 10 NO _____________ 12 a) Past lost wages and benefits $ _______________ 13 b) Future lost wages and benefits $ _______________ 14 c) Past emotional distress $ _______________ 15 d) Future emotional distress $ _______________ 16 17 8. Has plaintiff Frank Allen proven by clear and convincing evidence that punitive 18 damages, over and above compensatory damages, should be awarded in favor of plaintiff 19 and against RadioShack? 20 YES ____________ NO _____________ 21 (If you answer yes, we will hold a short further supplemental trial and you will have a 22 further supplemental deliberation to determine the amount of any such punitive 23 damages.) 24 25 When this form is completed, the jury foreperson should date and sign it and advise the 26 Court that you have reached a verdict. 27 28 Dated: JURY FOREPERSON 2

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