Allen v. Radio Shack Corporation et al

Filing 132

FINAL JURY INSTRUCTIONS AND SPECIAL VERDICT FORM (Attachments: # 1 Special Verdict Form)(whalc2, COURT STAFF) (Filed on 2/28/2013)

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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,

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SPECIAL VERDICT FORM

v.
RADIO SHACK CORPORATION,

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Defendant.
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For the Northern District of California

United States District Court

No. C 11-03110 WHA

FRANK ALLEN,

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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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IF YOU HAVE ANSWERED “YES” TO ANY OF THE ABOVE, PLEASE CONTINUE TO QUESTION
FOUR. IF YOU HAVE ANSWERED “NO” TO ALL OF THE ABOVE, PLEASE DO NOT ANSWER
QUESTION FOUR AND INSTEAD PROCEED TO QUESTION 5.

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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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YOUR ANSWER TO THE FOLLOWING QUESTION MUST BE UNANIMOUS.

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5.

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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
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
BELOW.

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6.

Has defendant RadioShack proven that it would have terminated Frank Allen for

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legitimate reasons anyway? If yes, state when such termination would have occured.
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YES ____________

NO _____________

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If YES, when? __________
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7.

State the amount of compensatory damages you find recoverable for each of the

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following categories as a result of any of the claims proven by Frank Allen.
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a)
For the Northern District of California

United States District Court

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Past lost wages and benefits

$ _______________

b)

Future lost wages and benefits

$ _______________

c)

Past emotional distress

$ _______________

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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