VF 3307. Secret Rebates Claim Affirmative Defense of Functional Classifications

VF-3307. Secret Rebates Claim--Affirmative Defense--Functional Classifications Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1.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] secretly [[give/receive] [payments/rebates/refunds/commissions unearned discounts]/ [or] [give to some buyers/receive] services or privileges that were not given to other buyers purchasing on like terms and conditions]? ____ 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. Did [name of defendant] create different classes of customers, such as [broker/jobber/wholesaler/retailer/[insert other]]? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, skip questions 3, 4, and 5 and answer question 6. 3. Did customers in the different classes perform different functions and assume the risk, investment, and costs involved? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, skip questions 4 and 5 and answer question 6. 4. Was the difference in [price/rebate/discount/special services/privileges] VF-3307. Secret Rebates Claim--Affirmative Defense--Functional Classifications Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 for [product/service] given only in those sales where the favored buyer performed the function on which the claim of a different class is based? ____ Yes ____ No If your answer to question 4 is yes, then answer question 5. If you answered no, skip question 5 and answer question 6. 5. Was the difference in price reasonably related to the value of such function? ____ Yes ____ No If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Was a competitor harmed? ____ Yes ____ No If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. Did the [payment/allowance] have a tendency to destroy competition? ____ Yes ____ No If your answer to question 7 is yes, then answer question 8. If you VF-3307. Secret Rebates Claim--Affirmative Defense--Functional Classifications 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 answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. Was [name of defendant]'s conduct a substantial factor in causing harm to [name of plaintiff]? ____ Yes ____ No If your answer to question 8 is yes, then answer question 9. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 9. 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. _____________________________________________________________________________ New September 2003; Revised December 2010, December 2016 What are [name of plaintiff]'s damages? Presiding Juror $