Kiran Pande v. Chevrontexaco Corporation

MEMORANDUM **

Chevron appeals the district court’s denial of its motion for judgment as a matter of law as to Pande’s Fair Employment and Housing Act and to the award of punitive damages. We affirm.

I

A jury found for Pande on her retaliation claims under California’s Fair Employment and Housing Act and for violations of California public policy. Because the evidence put before the jury at trial was sufficient to support its finding a causal link between Pande’s protected conduct (complaints of employment discrimination) and the adverse employment action (failure to obtain a new position within Chevron after her employment group was relocated), the district court’s denial of Chevron’s motion for judgment as a matter of law is affirmed.

II

The same jury also awarded Pande punitive damages. Under California law, punitive damages against a corporate employer may not be awarded unless the “advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice” is “on the part of an officer, director, or managing agent of the corporation.” California Civil Code § 3294(b). Pande must have proved her case to the jury by “clear and convincing…

concurring and dissenting:

I concur with the majority regarding the compensatory damage award, but because I do not think that the evidence in support of the punitive damage award meets California’s stringent standards, I respectfully dissent as to that.

FILED

NOT FOR PUBLICATION NOV 20 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO UR T OF AP PE A LS

FOR THE NINTH CIRCUIT

KIRAN PANDE, No. 08-15855

Plaintiff - Appellee, D.C. No. 3:04-CR-05107-JCS

v.

MEMORANDUM *

CHEVRONTEÈACO CORPORATION

and CHEVRON TEÈACO

INTERNATIONAL EÈPLORATION &

PRODUCTION, et al.,

Defendants - Appellants.

Appeal from the United States District Court for the Northern District of California Joseph C. Spero, Magistrate Judge, Presiding

Argued and Submitted October 6, 2009 San Francisco, California

Before: FERNANDEZ and THOMAS, Circuit Judges, and ALDRICH, ** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Ann Aldrich, Senior United States District Judge for the Northern District of Ohio, sitting by designation. Chevron appeals the district court's denial of its motion for judgment as a

matter of law as to Pande's Fair Employment and Housing Act and to the award of

punitive damages. We affirm.

I

A jury found for…