Sami Mitri v. Walgreen Co.

MEMORANDUM

Walgreen Co. (“Walgreens”) appeals from the district court’s denial of Wal-greens’ renewed motion for judgment as a matter of law, challenging both the sufficiency of the evidence to uphold, and the constitutionality of, the jury’s punitive damages award. We review de novo the denial of a renewed motion for judgment as a matter of law and whether a punitive damages award comports with due process. Bains LLC v. Arco Prods. Co., 405 F.3d 764 , 770, 775 (9th Cir. 2005). “A jury’s verdict must be upheld if it is supported by substantial evidence, which is evidence adequate to support the jury’s conclusion, even if it is also possible to draw a contrary conclusion.” Pavao v. Pagay, 307 F.3d 915, 918 (9th Cir. 2002). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm in part, vacate in part, and remand.

I

Viewing the evidence in the light most favorable to the plaintiff, there was sufficient evidence for the jury to conclude that a managing corporate agent ratified the wrongful employee conduct. See StreetScenes LLC v. ITC Entm’t Grp., Inc., 103 Cal.App.4th 233, 242 , 126 Cal. Rptr.2d 754 (2002) (stating that ratification may be established by circumstantial…