Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

Exhibit Plaintiffs' Proposed Verdict Form

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0 PLAINTIFFS' PROPOSED VERDICT FORM You, the jury, are to answer the following questions based on the evidence admitted at trial and according to the instructions the Court has provided to you. Proceed through this verdict form according to the directions provided. I. Elements common to all claims: 1. Did the CVS-PBM contracts require CVS to report the HSP price as the usual and customary price? YES _______ NO _______ If your answer to Question 1 is yes, then Plaintiffs have proved that CVS engaged in a false, misleading, deceptive, or unfair act or practice and you must answer Question 2. If your answer to Question 1 is no, then you have finished your deliberations. 2. Did CVS's false, misleading, deceptive or unfair act or practice result in harm to Plaintiffs and class members? If your answer to Questions 2 is yes, then answer Question 3 in Section II below. If your answer to Question 2 is no, then you have finished your deliberations. II. Arizona Consumer Fraud Act: 3. For Plaintiff McAfee and class members in Arizona, do the claims against CVS arise in connection with the sale or advertisement of merchandise in Arizona? YES _______ NO _______ If your answer to Question 3 is yes, then answer Question 4. If your answer to Question 3 is no, then proceed to Question 12 in Section III below. 4. Did Plaintiff McAfee and class members in Arizona pay the out-of-pocket payment charged by CVS for their generic prescription medications in reliance on CVS's false, misleading, deceptive, or unfair act or practice? YES _______ NO _______ If your answer to Question 4 is yes, then answer Question 5. If your answer to Question 4 is no, then proceed to Question 12 in Section III below. 1 0 5. Did CVS intend for Plaintiff McAfee and class members in Arizona to rely on its false, misleading, deceptive, or unfair act or practice? YES _______ NO _______ If your answer to Question 5 is yes, then answer Question 6. If your answer to Question 5 is no, then proceed to Question 12 in Section III below. 6. Did CVS wrongfully conceal facts such that Plaintiff McAfee and class members in Arizona could not have reasonably discovered that they had been harmed as a result of CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2014? YES _______ NO _______ If your answer to Question 6 is yes, then skip Questions 7 and 8 and answer Question 9. If your answer to Question 6 is no, then answer Question 7. 7. Should a reasonable person have known that they had been harmed by CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2014? YES _______ NO _______ If your answer to Question 7 is yes, then answer Question 8. If your answer to Question 7 is no, then skip Question 8 and answer Question 9. 8. What amount of money will fairly compensate Plaintiff McAfee and class members in Arizona whose purchases occurred on or after July 30, 2014 for their damages for CVS's violations of the Arizona Consumer Fraud Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 10. 9. What amount of money will fairly compensate Plaintiff McAfee and class members in Arizona whose purchases occurred on or after November 9, 2008 for their damages for CVS's violations of the Arizona Consumer Fraud Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 10. 2 0 10. Did CVS act wantonly or recklessly, with spite or ill will, or demonstrate a reckless indifference to the interest of others? YES _______ NO _______ If your answer to Question 10 is yes, then answer Question 11. If your answer to Question 10 is no, then proceed to Question 12 in Section III below. 11. What amount of money in punitive damages is appropriate to punish or deter CVS for its violations of the Arizona Consumer Fraud Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 12. III. California Consumer Legal Remedies Act: 12. Did Plaintiff Clark and class members in California purchase their generic prescription medications from CVS for personal, family, or household purposes? YES _______ NO _______ If your answer to Question 12 is yes, then answer Question 13. If your answer to Question 12 is no, then proceed to Question 19 in Section IV below. 13. Did CVS wrongfully conceal facts such that Plaintiff Clark and class members in California could not have reasonably discovered that they had been harmed as a result of CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2012? YES _______ NO _______ If your answer to Question 13 is yes, then skip Questions 14 and 15 and answer Question 16. If your answer to Question 13 is no, then answer Question 14. 14. Should a reasonable person have known that they had been harmed by CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2012? YES _______ NO _______ If your answer to Question 14 is yes, then answer Question 15. If your answer to Question 14 is no, then skip Question 15 and answer Question 16. 3 0 15. What amount of money will fairly compensate Plaintiff Clark and class members in California whose purchases occurred on or after July 30, 2012 for their damages for CVS's violations of the California Consumer Legal Remedies Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 17. 16. What amount of money will fairly compensate Plaintiff Clark and class members in California whose purchases occurred on or after November 9, 2008 for their damages for CVS's violations of the California Consumer Legal Remedies Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 17. 17. Did CVS act with malice, oppression, or fraud? YES _______ NO _______ If your answer to Question 17 is yes, then answer Question 18. Otherwise, proceed to Question 19 below. 18. What amount of money in punitive damages is appropriate to punish or deter CVS for its violations of the California Consumer Legal Remedies Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 19. IV. Florida Unfair & Deceptive Trade Practices Act: 19. Do the claims against CVS arise in connection with a course of conduct involving trade or commerce in Florida? YES _______ NO _______ If your answer to Question 19 is yes, then answer Question 20. If your answer to Question 19 is no, then proceed to Question 23 in Section V below. 4 0 20. Did CVS wrongfully conceal facts such that Plaintiffs Barrett and Jenks and class members in Florida could not have reasonably discovered that they had been harmed as a result of CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2011? YES _______ NO _______ If your answer to Question 20 is yes, then answer Question 21. If your answer to Question 20 is no, then skip Question 21 and answer Question 22. 21. What amount of money will fairly compensate Plaintiffs Barrett and Jenks and class members in Florida whose purchases occurred on or after November 9, 2008 for their damages for CVS's violations of the Florida Unfair & Deceptive Trade Practices Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 23. 22. What amount of money will fairly compensate Plaintiffs Barrett and Jenks and class members in Florida whose purchases occurred on or after July 30, 2011 for their damages for CVS's violations of the Florida Unfair & Deceptive Trade Practices Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 23. V. Illinois Consumer Fraud & Deceptive Practices Act: 23. Do the claims against CVS arise in connection with a course of conduct involving trade or commerce in Illinois? YES _______ NO _______ If your answer to Question 23 is yes, then answer Question 24. If your answer to Question 23 is no, then proceed to Question 31 in Section VI below. 24. Did CVS intend for Plaintiffs Jenks and Washington and class members in Illinois to rely on its false, misleading, deceptive, or unfair act or practice? 5 0 YES _______ NO _______ If your answer to Question 24 is yes, then answer Question 25. If your answer to Question 24 is no, then proceed to Question 31 in Section VI below. 25. Did CVS wrongfully conceal facts such that Plaintiffs Jenks and Washington and class members in Illinois could not have reasonably discovered that they had been harmed as a result of CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2012? YES _______ NO _______ If your answer to Question 25 is yes, then skip Questions 26 and 27 and answer Question 28. If your answer to Question 25 is no, then answer Question 26. 26. Should a reasonable person have known that they had been harmed by CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2012? YES _______ NO _______ If your answer to Question 26 is yes, then answer Question 27. If your answer to Question 26 is no, then skip Question 27 and answer Question 28. 27. What amount of money will fairly compensate Plaintiffs Jenks and Washington and class members in Illinois whose purchases occurred on or after July 30, 2012 for their damages for CVS's violations of the Illinois Consumer Fraud & Deceptive Practices Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 29. 28. What amount of money will fairly compensate Plaintiffs Jenks and Washington and class members in Illinois whose purchases occurred on or after November 9, 2008 for their damages for CVS's violations of the Illinois Consumer Fraud & Deceptive Practices Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 29. 29. Did CVS act maliciously or with deliberate indifference to the rights of others? 6 0 YES _______ NO _______ If your answer to Question 29 is yes, then answer Question 30. If your answer to Question 29 is no, then proceed to Question 31 in Section VI below. 30. What amount of money in punitive damages is appropriate to punish or deter CVS for its violations of the Illinois Consumer Fraud & Deceptive Practices Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 31. VI. Massachusetts Consumer Protection Act: 31. Do the claims against CVS arise in connection with the sale or advertisement of merchandise in Massachusetts? YES _______ NO _______ If your answer to Question 31 is yes, then answer Question 32. If your answer to Question 31 is no, then proceed to Question 38 in Section VII below. 32. Did CVS wrongfully conceal facts such that Plaintiff Garber and class members in Massachusetts could not have reasonably discovered that they had been harmed as a result of CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2011? YES _______ NO _______ If your answer to Question 32 is yes, then skip Questions 33 and 34 and answer Question 35. If your answer to Question 32 is no, then answer Question 33. 33. Should a reasonable person have known that they had been harmed by CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2011? YES _______ NO _______ If your answer to Question 33 is yes, then answer Question 34. If your answer to Question 33 is no, then skip Question 34 and answer Question 35. 34. What amount of money will fairly compensate Plaintiff Garber and class members in Massachusetts whose purchases occurred on or after July 30, 2011 for their damages for CVS's violations of the Massachusetts Consumer Protection Act? 7 0 $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 36. 35. What amount of money will fairly compensate Plaintiff Garber and class members in Massachusetts whose purchases occurred on or after November 9, 2008 for their damages for CVS's violations of the Massachusetts Consumer Protection Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 36. 36. Did CVS willfully and knowingly violate the Massachusetts Consumer Protection Act or refuse to grant relief in bad faith with knowledge or reason to know that its acts violated the Massachusetts Consumer Protection Act? YES _______ NO _______ If your answer to Question 36 is yes, then answer Question 37. If your answer to Question 36 is no, then proceed to Question 38 in Section VII below. 37. What amount of double or treble damages is appropriate to punish or deter CVS for its violations of the Massachusetts Consumer Protection Act? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 38. VII. New York Deceptive Acts and Practices Statute: 38. Do the claims against CVS concern a consumer-oriented practice in New York? YES _______ NO _______ If your answer to Question 38 is yes, then answer Question 39. If your answer to Question 38 is no, then you have finished your deliberations. 39. Was CVS's false, misleading, or deceptive act or practice material to Plaintiff Sullivan and class members in New York? 8 0 YES _______ NO _______ If your answer to Question 39 is yes, then answer Question 40. If your answer to Question 39 is no, then you have finished your deliberations. 40. Did CVS wrongfully conceal facts such that Plaintiff Sullivan and class members in New York could not have reasonably discovered that they had been harmed as a result of CVS's false, misleading, deceptive, or unfair act or practice before July 30, 2012? YES _______ NO _______ If your answer to Question 40 is yes, then answer Question 41. If your answer to Question 40 is no, then skip Question 41 and answer Question 42. 41. What amount of money will fairly compensate Plaintiff Sullivan and class members in New York whose purchases occurred on or after November 9, 2008 for their damages for CVS's violations of the New York Deceptive Acts and Practices Statute? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 43. 42. What amount of money will fairly compensate Plaintiff Sullivan and class members in New York whose purchases occurred on or after July 30, 2012 for their damages for CVS's violations of the New York Deceptive Acts and Practices Statute? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 43. 43. Did CVS knowingly or willfully commit deceptive acts or practices? YES _______ NO _______ If your answer to Question 43 is yes, then answer question 44. If your answer to Question 43 is no, then proceed to Question 46. 44. Are Plaintiff Sullivan and class members entitled to multiple damages under New York's Consumer Protection Laws? YES _______ NO _______ 9 0 If your answer to Question 44 is yes, then answer Question 45. If your answer to Question 44 is no, then proceed to Question 46. 45. What amount of additional damages, up to three times Plaintiff Sullivan's and class members' harm or $1,000 per violation, is appropriate under New York Deceptive Acts and Practices Statute? $________________________ (amount in figures) $________________________ (amount in words) Proceed to Question 46. 46. Were the act(s) of CVS that caused the Plaintiff Sullivan's and class members' injuries wanton and reckless or malicious? YES _______ NO _______ If your answer to Question 46 is yes, then answer Question 47. If your answer to Question 46 is no, then you have finished your deliberations. 47. What amount of money in punitive damages is appropriate to punish CVS for its wanton and reckless or malicious acts and thereby to discourage CVS and other companies from acting in a similar way in the future? $________________________ (amount in figures) $________________________ (amount in words) You have finished your deliberations. Signed: ___________________________________ Dated: ________________________ Jury Foreperson 10