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Employment Law
Wrongful Termination
Disability Discrimination

Anthony W. Czarnik v. Illumina, Inc.

Published: Sep. 24, 2002 | Result Date: Jul. 17, 2002 | Filing Date: Jan. 1, 1900 |

Case number: GIC763972 Verdict –  $7,196,940

Judge

Ronald S. Prager

Court

San Diego Superior


Attorneys

Plaintiff

Anthony F. Pantoni
(Signature Resolution)


Defendant

Jennifer A. Kearns
(Duane Morris LLP)


Experts

Plaintiff

Brian P. Brinig
(technical)

Defendant

Michael P. Ward
(technical)

Facts

In the summer of 1998, the plaintiff and others established the defendant company, a biotechnology company. In
1999, the plaintiff, who was serving as the chief scientific officer, disclosed to the management of the company
that he suffered from depression. The plaintiff claimed that after he disclosed his illness to company officials he
was left out of management strategy meetings and was excluded from significant business activities.
After complaining to management that he had been discriminated against and later filing a complaint with the
Department of Fair Employment and Housing, the plaintiff claimed that he was retaliated against by, among
other things, being placed on a performance plan and assigned unreasonable performance goals.
The plaintiff claimed that he then began to verbalize strong concerns about an important
experiment that the company was conducting and that information derived from this experiment
should not be used on its" road show" presentations to potential investors during its initial public
stock offering. On Sept. 5, 2000, the plaintiff was terminated.

Settlement Discussions

The plaintiff demanded $1,500,000; the defendant offered $200,000.

Damages

The plaintiff claimed that he suffered approximately $1.7 million in economic damages due to the loss of the value of his stock in the company. He also claimed damages for emotional distress, as well as punitive damages.

Other Information

The plaintiff was awarded $325,000 in attorney fees. The defendant has filed motions for new trial and JNOV.

Deliberation

two days

Length

one month


#119907

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