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