Marlo v. United Parcel Service, Inc.
Marlo v. United Parcel Service, Inc.
Opinion of the Court
MEMORANDUM
United Parcel Service, Inc. challenges the jury’s verdict awarding Michael Mario $15.9 million (later reduced to $6.6 million) in punitive damages arising out of his wrongful termination. Reviewing de novo, White v. Ford Motor Co., 312 F.3d 998, 1010 (9th Cir. 2002), we affirm.
UPS argues that the evidence was insufficient to support the jury’s determination that Vice President and District Manager Tim Robinson was a “managing agent” under California law. Viewing the evidence in the light most favorable to Mario, as we must, Pavao v. Pagay, 307 F.3d 915, 918 (9th Cir. 2002), we conclude that the evidence was sufficient to support the jury’s verdict. Under California Civil Code § 3294(b), Robinson qualified as a “managing agent” if he “exercise[d] substantial independent authority and judgment in [his] corporate decisionmaking so that [his] decisions ultimately determinefd] corporate policy.” White v. Ultramar, Inc., 21 Cal.4th 563, 566-67, 88 Cal.Rptr.2d 19, 981 P.2d 944 (1999). Here, the evidence showed that Robinson was the highest-ranking supervisor in a 7,000-employee district that covered a vast geographic area from downtown Los Angeles to the inland deserts to California’s Central Coast, and his responsibilities included, in his own terms, “managing a complex business,” which required him “to talk about running the business every day.” Robinson managed supervisors and employees in charge of the various departments in his territory, including operations, sales, marketing, engineering, automotive, finance and accounting, human resources, and labor relations.
Further, Robinson viewed part of his role as maintaining a company “culture”— in essence, a company policy — of supervisors acting as “owners” subject to a salary, rather than the overtime pay sought by Mario. Mario’s lawsuit, which initially sought $400 million in class-wide damages, threatened to upend that culture.
We also conclude that Robinson’s conduct was sufficiently reprehensible to qualify for punitive damages under California law. See Cal. Civ.Code § 3294(a). The award, as reduced by the district court, was not unconstitutionally excessive. See Zhang v. Am. Gem Seafoods, Inc., 339 F.3d 1020, 1044 (9th Cir. 2003).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Dissenting Opinion
CARR, Senior District Judge,
Respectfully, and aware of my lesser familiarity with California law relating to managing agents, I dissent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.