VF 3305. Loss Leader Sales Claim Affirmative Defense of Meeting Competition

VF-3305. Loss Leader Sales Claim--Affirmative Defense--Meeting Competition Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Did [name of defendant] [offer to sell/sell/offer the use of] [product/service] at prices that were below [his/her/its] costs? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Were the sales of [product/service] made in an attempt, in good faith, to meet the legal prices of a competitor selling the same [product/service] in the ordinary course of business in the same area? ____ Yes ____ No If your answer to question 2 is no, then answer question 3. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Was [name of defendant]'s purpose to influence, promote, or encourage the purchase of other merchandise from [name of defendant]? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. VF-3305. Loss Leader Sales Claim--Affirmative Defense--Meeting Competition Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 4. Was [name of defendant]'s intent to injure competitors or destroy competition? ____ Yes ____ No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Was [name of defendant]'s conduct a substantial factor in causing harm to [name of plaintiff]? ____ Yes ____ No If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Signed: Dated: After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. _____________________________________________________________________________ What are [name of plaintiff]'s damages? Presiding Juror $ New September 2003 December 2010