Autozone

MEMORANDUM

Following AutoZone, Inc.’s successful first appeal to this court, Cosby v. Autozone, Inc., 445 Fed.Appx. 914 (9th Cir.2011), the district court entered an order of remittitur, reducing plaintiff Randy Cosby’s (“Cosby”) economic damages award from $174,000 to $4,917.60 and reducing his non-economic damages award for mental suffering from $1,326,000 to $250,000. AutoZone appeals again, contending the non-economic award is still too large. We affirm.

We review the district court’s ruling on remittitur for an abuse of discretion. See D & S Redi-Mix v. Sierra Redi-Mix & Contracting Co., 692 F.2d 1245, 1249 (9th Cir.1982). The proper amount of a remit-titur is the maximum amount sustainable by the evidence. Id. We must view the evidence supporting the court’s ruling and all reasonable inferences therefrom in favor of Cosby. Cf. Bains LLC v. Arco Prods. Co., 405 F.3d 764 , 774 (9th Cir.2005).

This court’s prior order held that the evidence did not sustain the exceptionally large award of $1.326 million in non-compensatory damages. It did not, however, rule out the possibility that a smaller award could be sustained, or hold that the district court could not consider…