Reread All the Jury Instructions!
By Michael Lied
Federal Civil Practice,
May 2025
In a false advertising case between Republic Technologies and BBK Tobacco (HBI), the Seventh Circuit upheld the trial court’s decision to refer the jury back to the original instructions rather than clarify a question about the term “consumer.” Republic argued this was misleading, but the appeals court found the original instructions were accurate and broad enough to cover the issue. The court emphasized that trial judges have discretion in handling jury questions and that supplemental instructions are not required if the existing ones correctly state the law.
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