Frank Boehm v. American Broadcasting Company, Inc.

Good Law
91 Daily Journal DAR 3540·929 F.2d 482·1991 WL 40538·1991 U.S. App. LEXIS 4819·91 Cal. Daily Op. Serv. 2222
United States Court of Appeals for the Ninth CircuitMarch 27, 199189-55846California2,815 words

Opinion

Opinion

Farris, J.

American Broadcast Companies, Inc. appeals the district court’s judgment, following a jury trial, in favor of Frank Boehm in Boehm’s wrongful termination action.

Jurisdiction

The district court had diversity jurisdiction under 28 U.S.C. § 1332 . We have appellate jurisdiction pursuant to 28 U.S.C. § 1291 . The appeal was timely filed.

Issues

1. Did ABC’s job offer to Boehm cut off its liability for lost compensation damages?

2. Is ABC entitled to a new trial on damages based on:

3. Did Boehm voluntarily leave the job market, thereby cutting off ABC’s liability for lost compensation damages?

4. Is Boehm entitled to the six years of “front pay” damages awarded?

Background

Frank Boehm was terminated by ABC on November 16, 1982. He was a Vice President of ABC Radio and had been employed by ABC for fourteen years.

Boehm instituted a contract and tort action for wrongful termination in California state court. The action was removed on the basis of diversity and tried in the Central District of California. The jury returned a special verdict, finding in Boehm’s favor on claims of breach of the implied employment contract, breach of the covenant of good faith and fair dealing,…

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