Opinion

Passantino v. Johnson & Johnson Consumer Products, Inc.

  • 212 F.3d 493
  • 2000 Daily Journal DAR 4419
  • 84 Fair Empl. Prac. Cas. (BNA) 1123
  • 2000 Cal. Daily Op. Serv. 3244
  • 2000 U.S. App. LEXIS 17382
Court
Court of Appeals for the Ninth Circuit
Filed
Mar 10, 2000
Status
Published
Author
Thomas
On the bench
Fletcher, Reinhardt, Thomas
Cited by
47 cases
Authority
More cited than 17.9%

finding that Defendant waived objection to front pay instruction where “CPI objected to approximately sixteen different jury instructions at trial, but at no time did it make the argument it now advances. In fact, CPI’s own proposed jury instruction on damages includes an instruction on front pay.”

How later courts described this case

  • finding that Defendant waived objection to front pay instruction where “CPI objected to approximately sixteen different jury instructions at trial, but at no time did it make the argument it now advances. In fact, CPI’s own proposed jury instruction on damages includes an instruction on front pay.”
  • stating that relevant evidence sufficient for allowing award of punitive damages included fact that “the jury could have found that defense witnesses lied ... about their *546 actions, as part of a continuing effort to cover up their campaign against her”
  • holding that employees with positions sufficiently high up in the company are considered proxies and thus would prevent the company from asserting a vicarious liability defense to punitive damages
  • addressing Title VII's venue provision which provides that suit may be brought in, e.g. , " 'any judicial district in the State in which the unlawful employment practice is alleged to have been committed' "; holding that "the [Title VII venue] statute itself and analogous case law [on personal jurisdiction] suggest that venue should be found where the effect of the unlawful employment practice is felt: where the plaintiff works, and the decision to engage in that practice is implemented"

Written by the judges who cited it.

The opinion

THOMAS, Circuit Judge,

concurring in part and dissenting in part:

I would affirm the district court judgment in its entirety. In my view, the evidence was sufficient to support a punitive damage award even under Kolstad v. American Dental Ass’n, 527 U.S. 526 , 119 S.Ct. 2118 , 144 L.Ed.2d 494 (1999). I would also hold that the Title VII limitation on damage awards does not violate the Seventh Amendment. Thus, I do not believe any remand is required.

In all other respects, I concur in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.