VF-3402. Horizontal Restraints (Direct Competitors) Allocation Of Commerce Aff Def In Pari Delicto | Pdf Doc Docx | Jury Instructions

 California Jury Instructions /  34 Cartwright Act /
VF-3402. Horizontal Restraints (Direct Competitors) Allocation Of Commerce Aff Def In Pari Delicto | Pdf Doc Docx | Jury Instructions

VF-3402. Horizontal Restraints (Direct Competitors) Allocation Of Commerce Aff Def In Pari Delicto

This is a California Jury Instructions form that can be used for Cartwright Act.

Alternate TextLast updated: 10/12/2020

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VF-3402. Horizontal Restraints (Use for Direct Competitors)--Allocation of Trade or Commerce--Affirmative Defense--In Pari Delicto Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Were or are [name of defendant] and [name of alleged co-participant] competitors in the same or related markets? ____ 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] and [name of alleged co-participant] agree to allocate or divide [customers/territories/products]? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Did [name of plaintiff] and [name of defendant] have substantially equal economic strength? ____ 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 [name of plaintiff] at least equally responsible for the harmful VF-3402. Horizontal Restraints (Use for Direct Competitors)--Allocation of Trade or Commerce--Affirmative Defense--In Pari Delicto Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 conduct as [name of defendant]? ____ 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 [name of plaintiff] compelled by economic pressure to enter into the agreement? ____ 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. Was [name of defendant]'s conduct a substantial factor in causing harm to [name of plaintiff]? ____ 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. What are [name of plaintiff]'s damages? Presiding Juror $ Signed: ___________________________ VF-3402. Horizontal Restraints (Use for Direct Competitors)--Allocation of Trade or Commerce--Affirmative Defense--In Pari Delicto 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 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

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