PATTERN JURY INSTRUCTIONS (Civil Cases)

1 PATTERNJURY INSTRUCTIONS (Civil Cases) Prepared by theCommittee on Civil PatternJury InstructionsDistrict Judges AssociationFifth Circuit2020with revisions through June 2020 For Customer Assistance Call 1-800-328-4880 Mat #42803135 COMMITTEE ON CIVIL PATTERN JURYINSTRUCTIONSDISTRICT JUDGES ASSOCIATIONFIFTH CIRCUITJ udge Sidney A. Fitzwater, ChairJudge Alan AlbrightJudge Debra M. BrownJudge John W. deGravellesJudge Terry A. DoughtyJudge Elizabeth Erny FooteJudge Jeremy D. KernodleJudge Mary Ann Vial LemmonChief Judge Lee H. RosenthaliiiFOREWORD TO 2014 EDITIONIn July 2011, the Fifth Circuit District Judges Associa-tion formed the PATTERN Jury Instruction Committee (Civil)including Judges Lee Rosenthal, Ron Clark, Elizabeth Foote,Sul Ozerden, Michael P. Mills, Stanwood Duval, Mary AnnLemmon, Sarah Vance, Melinda Harmon and Dan Committee was charged with reviewing the existingpattern INSTRUCTIONS and updating them where an initial review, the Committee determined thatthe time had come for a top-to-bottom examination forsubstantive accuracy.

2 While many of the existing instruc-tions remained valid, a significant number no longerreflected current law. This is no reflection on prior commit-tees, which did an excellent job drafting prior patterns. Thelaw is not stagnant; it was time to update. Accordingly, the2014 edition of the Fifth Circuit PATTERN Jury INSTRUCTIONS (Civil ) will represent a substantial Committee approached this project with a consistentmantra: present INSTRUCTIONS that are as balanced, accurate,and user friendly as possible. Given the breadth of thatundertaking, outside assistance was essential. And in theend, nearly one hundred judges, attorneys, law professors,and law students helped draft, vet, edit, and proofread thefinal product. In all, the INSTRUCTIONS went through fourrounds of review, each time by a different panel of every case, the volunteer reviewers were recruited fortheir expertise in the chapters they helped produce. In mostcases, the volunteers presided, practiced, or taught withinthe Fifth Circuit and possessed hands-on experience apply-ing this circuit s standards, though some experts beyond thiscircuit were will note that the subject areas are not identicalto previous editions.

3 Chapter 6 on Antitrust and Chapter 8on RICO have been deleted because the Committee concludedthat the existing INSTRUCTIONS were no longer trustworthyand that the issues arose too infrequently to justify 9 on Patent Infringement has been deleted becausethe Committee learned that practitioners favored other pat-tern INSTRUCTIONS for patent cases. Chapter 14 on statutes ofvlimitations was also deleted because such statutes generallyinvolve state-law issues and Louisiana, Mississippi, andTexas all have variations that were not reflected in the oldpattern INSTRUCTIONS . For some of these chapters, the Com-mittee has suggested other sources. The Committee alsoadded INSTRUCTIONS , including an instruction on electroniccommunications during trial and a new section on the FairLabor Standards using the new INSTRUCTIONS will also observe thatthey are heavily footnoted. There is simply no way to draftan instruction that covers every possible factual case.

4 Thepatterns therefore address the most common factual sce-narios, but the footnotes direct the reader to other potentialissues and authorities. The notes also allow the reader toreview the source to determine whether the instructionremains these same lines, the Committee received a fairnumber of suggested INSTRUCTIONS from attorneys and profes-sors that represented novel legal theories. The Committeedid not include these suggestions though some werefootnoted concluding that PATTERN INSTRUCTIONS are not theplace to advance the law. Again, the patterns were designedto cover the most common major undertaking lasted more than three years,and there are many to thank. The Committee offers itsheartfelt appreciation to all who helped produce the 2014edition, including our law clerks and summer thanks are extended to Professor Lonny Hoffman,who served as our reporter and devoted countless hours tothe project. His guidance and input were OF CONTENTSPageCommittee Members INSTRUCTIONS for Beginning of Preliminary INSTRUCTIONS to First Stipulated Stipulations of Judicial Discontinuance as to Some Limiting Charts and Demonstrative Witness Not Similar Impeachment by Witness s Inconsistent Statements.

5 Impeachment by Witness s Felony Deposition Transcript of Recorded Law-Enforcement Officer Bias Corporate Party Clear and Convincing Civil Allen Jury Burden of Proof: Preponderance of The Expert No Inference from Filing Duty to Deliberate; Seaman Jones Act Unseaworthiness Maintenance andCure (Seaman Status Not Contested).. Jones Act Contributory Punitive Maintenance and Cure Claims and TheirRelationship to Jones Act and UnseaworthinessClaims Punitive Damages for Willful Withholdingof Maintenance and Section 905(b) Longshore and Harbor Workers Compensation Act FELA, 45 51 and Federal Safety Appliance Act, 49 20301etseq.(2006) (Recodifying 45 1 16 (1988)).. (15 1,ET SEQ.) Securities Act (Rule 10b-5).. INFRINGEMENT (35 271,ET SEQ.) RIGHTS 42 42 Section 1983 (Unlawful Seizure Unlawful Search Excessive Force).

6 Under Color of 92 PATTERN JURY Qualified Liability of Municipal First Amendment Retaliation Public Eighth Amendment (Excessive Force) Eighth Amendment (Inadequate Medical Care Convicted Prisoner).. Eighth Amendment (Conditions of Confinement Convicted Prisoner),.. Fourteenth Amendment (Excessive Force PretrialDetainee).. Fourteenth Amendment (Inadequate Medical Care/Conditions of Confinement Pretrial Detainee),,.. Fourteenth Amendment (Inadequate Medical Care/Episodic Acts Pretrial Detainee),,.. Emotional Distress Title VII (42 2000e-2) DiscriminationBased on Race, Color, National Origin, Religion, orSex (Disparate Treatment).. PATTERN Jury Question, Title VII DiscriminationBased on Race, Color, National Origin, Religion orSex (Disparate Treatment).. Title VII (42 2000E-2) SupervisorHarassment Without Tangible Employment Action(Hostile Work Environment).

7 PATTERN Jury Questions, Supervisor Sexual andOther Harassment without Tangible EmploymentAction (Hostile Work Environment).. Title VII (42 2000E-2) Supervisor SexualHarassment with Tangible Employment Action(Quid Pro Quo).. PATTERN Jury Question, Supervisor SexualHarassment with Tangible Employment Action(Hostile Work Environment Quid Pro Quo).. Title VII (42 2000E-2) Coworker or Third-Party Harassment Without Tangible EmploymentAction (Hostile Work Environment Negligence).. PATTERN Jury Questions, Coworker or Third-PartyHarassment without Tangible Employment Action(Hostile Work Environment Negligence).. Title VII PATTERN Jury Question, Title VII 160 TABLE OF Constructive PATTERN Jury Question, Constructive Cat s Paw Theory of Employer PATTERN Jury Questions, Title VII Cat s PawTheory of Employer Discrimination Based on PATTERN Jury Question, Discrimination Based Harassment Based on Disability (Hostile WorkEnvironment Negligence).

8 PATTERN Jury Questions, Harassment Based onDisability (Hostile WorkEnvironment Negligence).. Failure to Accommodate a PATTERN Jury Question, Failure to ADA PATTERN Jury Question, ADA Defenses to ADA Claim: Business Necessity, DirectThreat, or Transitory and Minor PATTERN Jury Question, Defenses to ADA Claim Business Necessity, Direct Threat, or Transient-and-Minor Mixed-Motive Affirmative Defense Instruction (TitleVII and ADA).. PATTERN Jury Question, Mixed-Motive Title VII and ADA PATTERN Jury Questions, Title VII andADA Discrimination Based on Age (ADEA DisparateTreatment).. PATTERN Jury Question, Discrimination Based onAge (Disparate Treatment).. Harassment Based on Age (ADEA Hostile WorkEnvironment).. PATTERN Jury Questions, Harassment Based on Age(ADEA Hostile Work Environment).. ADEA ADEA PATTERN Jury Questions, ADEA Interference With FMLA PATTERN Jury Question Interference with Interference with FMLA Benefits or 260 PATTERN JURY PATTERN Jury Question Interference with FMLAB enefits or Job PATTERN Jury Question FMLA FMLA Damages Lost PATTERN Jury Question FMLA Damages, FMLA Damages Losses Other Than PATTERN Jury Question FMLA Damages, LossesOther Than Fair Labor Standards Act (FLSA) (29 201,et seq.)

9 PATTERN Jury Questions, FLSA Failure to PayMinimum Wage or FLSA PATTERN Jury Questions, FLSA FLSA Employee or Independent PATTERN Jury Question, FLSA Employee orIndependent FLSA Joint PATTERN Jury Question, FLSA Joint Reasonable Compensation toStockholder Debt v. Employee v. Independent Business Loss v. Hobby Real Estate Held Primarily for Section 6672 Gifts in Contemplation of FEDERAL Automobile Dealers Day-in-Court Act (15 1221).. Odometer Tampering, Motor Vehicle Information andCost Savings Act (49 32701et seq.).. Eminent Interstate Land Sales Full Disclosure Act (15 1709).. 33614.[RESERVED] OF Consider Damages Only If Compensatory Injury/Pain/Disability/Disfigurement/Los s of Capacityfor Enjoyment of Property Mitigation of Nominal Punitive 347 PATTERN JURY INSTRUCTIONSxiiPATTERN JURYINSTRUCTIONS (Civil Cases) 1 PRELIMINARY INSTRUCTIONS for Beginning of TrialMembers of the jury panel, if you have a cell phone,PDA, smart phone, iPhone or any other wireless com-munication device with you, please take it out now andturn it off.

10 Do not turn it to vibrate or silent; power itdown. During jury selection, you must leave it are certain rules you must follow whileparticipating in this , you may not communicate with anyone aboutthe case, including your fellow jurors, until it is time todeliberate. I understand you may want to tell your fam-ily, close friends and other people that you have beencalled for jury service so that you can explain when youare required to be in court. You should warn them notto ask you about this case, tell you anything they knowor think they know about it, or discuss this case in yourpresence, until after I accept your verdict or excuse youas a , you must not give any information toanyone by any means about this case. For example, donot talk face-to-face or use any electronic device or1media, such as the telephone, a cell or smart phone,camera, recording device, PDA, computer, the Internet,any Internet service, any text or instant messaging ser-vice, any Internet chat room, blog, or website such asFacebook, YouTube, Snapchat, Instagram, or Twitter,or any other way to communicate to anyone any infor-mation about this case until I accept your verdict oruntil you have been excused as a juror.