Randy Cosby v. Autozone, Inc.

MEMORANDUM

AutoZone, Inc. seeks review of a jury’s award of economic and non-economic damages to Randy Cosby. Mr. Cosby brought this diversity action against AutoZone under California’s Fair Employment and Housing Act, raising five claims. The jury found AutoZone liable for two of those claims: failure to provide reasonable accommodation and failure to engage in the interactive process. Based on that liabili ty, the jury awarded Mr. Cosby $174,000 for lost wages and benefits and $1,326,000 for past mental suffering. It denied punitive damages. After trial, AutoZone filed a motion for a new trial or remittitur, which the district court denied. For the reasons that follow, we reverse the decision of the district court and remand this case for the district court to order remitti-tur with the option of a new trial on damages.

We review district court’s denial of a motion for new trial and remittitur for abuse of discretion. See DSPT Int’l, Inc. v. Nahum, 624 F.3d 1213, 1218 (9th Cir.2010). In reviewing a damages award for excessiveness, a district court, sitting in diversity, applies state law for measuring excessiveness, and we review that district court’s determination for abuse…