Black ex-Tesla worker who claims he was racially abused every day at California plant Awarded 137 M'

[BunchePark]

One time for dawg

Steak and lobster tonight tomorrow and next Tues

fukk who don't like it

 

[King]

The Obama-appointed judge cut this to $15 million. He is no longer getting $137 million

Obama himself would be proud

 

[Htrb-nvr-blk-&-ug-as-evr]

Good. I wonder if it gets taxed in California, though?

You really asking that?

 

[BigMoneyGrip]

Good. I wonder if it gets taxed in California, though?

Civil lawsuit verdicts don’t get taxed

 

[Alix217]

Civil lawsuit verdicts don’t get taxed

Thx,

breh should start-up his own electric battery company and undercut this Boer fakkit

 

[Professor Emeritus]

The Obama-appointed judge cut this to $15 million. He is no longer getting $137 million

Obama himself would be proud

Y'all ignorant as shyt. Awards of this size never survive the appeals process due to legal precedent. Tesla was fighting for a new trial or just $600,000 total and considers this a huge loss while Diaz's lawyer is going to appeal to try to get even more but says it's already a win:



Tesla must pay ex-worker $15 million for “disturbing” racist abuse, judge rules

On Wednesday, a federal judge rejected Tesla's claim that it is not liable for "disturbing" racist abuse suffered by an ex-factory worker. US District Judge William Orrick rejected what he called Tesla's "watered-down revisionism" that cast plaintiff Owen Diaz's suffering as "mild and short-lived."

The judge slashed Diaz's financial award, however. While the jury awarded Diaz $6.9 million in compensatory damages and $130 million in punitive damages, Orrick set the amounts at $1.5 million in compensatory damages and $13.5 million in punitive damages instead. He wrote that the new compensatory amount of $1.5 million is "the highest award supported by the evidence" and that the punitive damages can be nine times that amount based on US law.

"The evidence was disturbing," said Orrick's ruling in the US District Court for the Northern District of California. "The jury heard that the Tesla factory was saturated with racism. Diaz faced frequent racial abuse, including the n-word and other slurs. Other employees harassed him. His supervisors and Tesla's broader management structure did little or nothing to respond. And supervisors even joined in on the abuse, one going so far as to threaten Diaz and draw a racist caricature near his workstation."

Tesla wanted to limit compensatory and punitive damages to $300,000 each.

After the trial, Tesla asked the court for a "judgment as a matter of law that it is not liable," or alternatively, "for a new trial and to reduce the amount of damages," Orrick noted. Tesla argued that under 42 U.S.C. § 1981—a Reconstruction-era law that prohibits discrimination in the making and enforcement of contracts—it was not liable because "Diaz's contract of employment was with a staffing agency that Tesla contracted with, not with Tesla itself," Orrick wrote.

Orrick denied the motion for a judgment as a matter of law, writing:

The jury had a legally sufficient basis to find Tesla liable on two grounds. First, it found in a special verdict that Tesla qualified as an employer of Diaz under the law, even if not on paper. It could have reasonably found that this employment relationship was governed by an implied-in-fact contract. Second, it could have found that Diaz was an intended beneficiary of the contract between Tesla and the staffing agency. As a result, Diaz was entitled to bring the Section 1981 claim to enforce his rights under that contract. On the remaining issues, Tesla waived its legal challenge to Diaz's state-law negligent supervision claim. And Tesla's motion for a new trial is also denied; the weight of the evidence amply supports the jury's liability findings.

Orrick decided that compensatory damages "will be remitted to $1.5 million, the highest award supported by the evidence. The punitive damages award must also be remitted under Supreme Court precedent imposing constitutional limitations on punitive damages. But again, I will not reduce it to the one-to-one ratio to compensatory damages that Tesla urges. I conclude that, on these facts, the Constitution permits a punitive-damages award of $13.5 million—nine times the amount of compensatory damages."



NPR Cookie Consent and Choices

On Wednesday, Judge William Orrick cut the award to $15 million.

"That's the maximum," Larry Organ, Diaz' lawyer and founder of the California Civil Rights Law Group, told NPR. "It wasn't because [the judge] found anything wrong with what Mr. Diaz said or that Mr. Diaz wasn't injured or anything like that. It's just based on a comparison."

Organ, who represented Diaz, said it is gratifying to see the judge recognize the gravity of the racism that his client experienced at Tesla.

"Mr. Diaz showed great courage in standing up to a corporation like Tesla, which was fighting tooth and nail to beat him," Organ told NPR. "Mr. Diaz's accomplishment should not be forgotten just based on a reduction in the verdict on legal principles."

 

[JLova]

Amazon, Tesla…who’s next?

 

[Mega]

Good. I wonder if it gets taxed in California, though?

No tax. But will likely have to pay 33% of the $15M for legal fees.

 

[ORDER_66]

This is that bullshyt... bet u they do this when they payout reparations!!!

 

[King]

Y'all ignorant as shyt. Awards of this size never survive the appeals process due to legal precedent. Tesla was fighting for a new trial or just $600,000 total and considers this a huge loss while Diaz's lawyer is going to appeal to try to get even more but says it's already a win:



Tesla must pay ex-worker $15 million for “disturbing” racist abuse, judge rules

On Wednesday, a federal judge rejected Tesla's claim that it is not liable for "disturbing" racist abuse suffered by an ex-factory worker. US District Judge William Orrick rejected what he called Tesla's "watered-down revisionism" that cast plaintiff Owen Diaz's suffering as "mild and short-lived."

The judge slashed Diaz's financial award, however. While the jury awarded Diaz $6.9 million in compensatory damages and $130 million in punitive damages, Orrick set the amounts at $1.5 million in compensatory damages and $13.5 million in punitive damages instead. He wrote that the new compensatory amount of $1.5 million is "the highest award supported by the evidence" and that the punitive damages can be nine times that amount based on US law.

"The evidence was disturbing," said Orrick's ruling in the US District Court for the Northern District of California. "The jury heard that the Tesla factory was saturated with racism. Diaz faced frequent racial abuse, including the n-word and other slurs. Other employees harassed him. His supervisors and Tesla's broader management structure did little or nothing to respond. And supervisors even joined in on the abuse, one going so far as to threaten Diaz and draw a racist caricature near his workstation."

Tesla wanted to limit compensatory and punitive damages to $300,000 each.

After the trial, Tesla asked the court for a "judgment as a matter of law that it is not liable," or alternatively, "for a new trial and to reduce the amount of damages," Orrick noted. Tesla argued that under 42 U.S.C. § 1981—a Reconstruction-era law that prohibits discrimination in the making and enforcement of contracts—it was not liable because "Diaz's contract of employment was with a staffing agency that Tesla contracted with, not with Tesla itself," Orrick wrote.

Orrick denied the motion for a judgment as a matter of law, writing:

Orrick decided that compensatory damages "will be remitted to $1.5 million, the highest award supported by the evidence. The punitive damages award must also be remitted under Supreme Court precedent imposing constitutional limitations on punitive damages. But again, I will not reduce it to the one-to-one ratio to compensatory damages that Tesla urges. I conclude that, on these facts, the Constitution permits a punitive-damages award of $13.5 million—nine times the amount of compensatory damages."



NPR Cookie Consent and Choices

On Wednesday, Judge William Orrick cut the award to $15 million.

"That's the maximum," Larry Organ, Diaz' lawyer and founder of the California Civil Rights Law Group, told NPR. "It wasn't because [the judge] found anything wrong with what Mr. Diaz said or that Mr. Diaz wasn't injured or anything like that. It's just based on a comparison."

Organ, who represented Diaz, said it is gratifying to see the judge recognize the gravity of the racism that his client experienced at Tesla.

"Mr. Diaz showed great courage in standing up to a corporation like Tesla, which was fighting tooth and nail to beat him," Organ told NPR. "Mr. Diaz's accomplishment should not be forgotten just based on a reduction in the verdict on legal principles."

However way you try to reason with the process, neoliberal, still doesn’t change this fact.

The judge still had the option to challenge precedent for this specific circumstance. But didn’t. So yes, Obama would be proud.

 

[Carl Tethers]

boers will boar

The Boering Company

 

[Professor Emeritus]

However way you try to reason with the process, neoliberal, still doesn’t change this fact.

The judge still had the option to challenge precedent for this specific circumstance. But didn’t. So yes, Obama would be proud.

He had the option to not follow precedent, which would make it far more likely that the case would be taken up on appeal and either get slashed much further or breh possibly doesn't get anything at all. He can't unilaterally award it because he's not the final authority on the award judgment.

 

[Professor Emeritus]

This is that bullshyt... bet u they do this when they payout reparations!!!

Possible if reparations is awarded by court decision, which is why if it goes by that method then there has to be extremely strong research/backing to show clear damages at the level awarded.

If reparations is granted by elected officials, however, it could not be reduced by this process. It would still face a court challenge but that would be related to the constitutionality of the law, not the award amount.

 

[Supa]

Amazon, Tesla…who’s next?

The NFL

 

[Professor Emeritus]

The Obama-appointed judge cut this to $15 million. He is no longer getting $137 million

You never once had jack shyt to say about Owen Diaz or racism at Tesla until this moment. Your m.o. is claiming people bytch about racism too much and should just let shyt slide.

nikka please


It's too many alternatives to success for you to be saying some shyt like that. Racism is real and prominent, but it's too many people in the world to let that shyt bother you. Quit with the loser/poor me shyt. That's the REAL problem.

Huh? How can you stop racism? That's like thinking you can end criminality.


You can mitigate it by recognizing that all the things you hate other races for, you've likely done yourself and to stop being a hypocrite before God judges you for it, like allowing these riots to happen, for example.

Yes, black people can take their life wherever they want to take it. Yes, black people make too many fukking excuses and put a little too much emphasis on anti-black racism to cover up their indolence.

Wow. People are racist. Shocking.

And here I was thinking racism didn't exist anymore. I bought a coca-cola and everything.

That cocaine was the only plug being pulled. Nobody pulled the plug on black directors because they spoke out on racism. Hollywood "pulled the plug" on these black directors because they had a spark when they started then went .

They didn't say black children, the report says black BOYS!!!! Last time I checked, black girls are coming from similar environments so why are black boys having difficulty reading? The answer is obvious and has nothing to do with the educational system in America, but I know you all will front and act like it's systemic racism.

Boy oh boy, the and juelzing in this thread about weaves/wigs and why they're worn is on another plateau. I love my community, but I'm not going to lie for you, though. Nope, not happening.

Just bush this thread and we'll pretend that the astronomical BS from the original thread title to the splainin' about how corporate America is at fault ( x infinite) never happened.

But then come in here disingenuously talking like you think $15 million award for being treated racist wasn't enough for you.