Carmen P. ORTIZ, Plaintiff-Appellee, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Defendant-Appellant

TANG, Circuit Judge:

The Bank of America appeals a judgment upon a jury verdict in favor of Ortiz on a claim of breach of the implied covenant of good faith and fair dealing. The Bank contends the verdict is erroneous as a matter of law both because Ortiz refused an offer of reinstatement and thus failed to mitigate her damages and because her recovery of Workers’ Compensation benefits for emotional injuries arising from the Bank’s actions bars her claim for breach of covenant. The Bank also argues that the district court erred in refusing to grant a new trial and in -refusing to permit it to…