In Re Pacific Fertility Center Litigation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
IN RE: PACIFIC FERTILITY CENTER
LITIGATION Case No. 18-cv-01586-JSC
ORDER RE: PUNITIVE DAMAGES
INSTRUCTION Re: Dkt. No. 846
12 At the charging conference on June 7, 2021, Chart objected to the proposed jury instruction regarding punitive damages. In particular, Chart argued that “there’s been no evidence that an officer, director, or managing agent has been involved in anything having to do with the controller.” (Tr. at 1747-48.) The Court requested briefing regarding this matter. The Court reviewed Plaintiffs’ trial brief and the relevant legal authority, and prior to instructing the jury, orally ruled that no reasonable trier of fact could find by clear and convincing evidence that the alleged conduct constituting malice, oppression, or fraud was authorized by, known by, or committed by one or more Chart officers, directors, or managing agents, and therefore declined to give a punitive damages…