Dr. Kevin Murphy, a radiation oncologist and professor at UC San Diego, sued the Regents under the Whistleblower Protection Act, alleging the University retaliated against him for reporting the misallocation of a $10 million donor gift. The Regents cross-claimed for breach of the duty of loyalty. After a consolidated jury trial, the jury found in Murphy’s favor on his whistleblower claim and awarded over $9.6 million in economic damages and $30 million in noneconomic damages ($20 million past, $10 million future). The jury also found Murphy breached his duty of loyalty but awarded the Regents only about $67,000.
On appeal, the Regents challenged the verdict on multiple grounds. In an unpublished opinion, the Court of Appeal affirmed the liability judgment but found the noneconomic damages excessive. The court agreed that the jury’s $20 million past noneconomic damages award—more than six times what Murphy himself requested at trial—was grossly disproportionate to the evidence and raised a presumption of passion or prejudice.
Regents v. Murphy D084092 
