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15.42 Health Care Fraud (18 U.S.C. § 1347) Model Jury Instructions

WEB15.42 Health Care Fraud (18 U.S.C. § 1347) The defendant is charged in [Count _______ of] the indictment with health care fraud in violation of Section 1347 of Title 18 of the …

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URL: https://www.ce9.uscourts.gov/jury-instructions/node/1054

5.5 Punitive Damages Model Jury Instructions

WEB5.5 Punitive Damages. If you find for the plaintiff, you may, but are not required to, award punitive damages. The purposes of punitive damages are to punish a defendant and to …

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9.33 Particular Rights—Fourteenth Amendment—Due …

WEBAs previously explained, the plaintiff has the burden of proving that the [act[s]] [failure to act] of the defendant [name] deprived the plaintiff of particular rights under the United States …

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9.27 Particular Rights—Eighth Amendment—Convicted Prisoner's …

WEBAs previously explained, the plaintiff has the burden of proving that the [act[s]] [failure to act] of the defendant [insert name] deprived the plaintiff of particular rights under the United …

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8.128A Health Care Fraud (18 U.S.C. § 1347) Model Jury Instructions

WEB8.128A Health Care Fraud (18 U.S.C. § 1347) The defendant is charged in [Count _______ of] the indictment with health care fraud in violation of Section 1347 of Title 18 of the …

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9.11 Particular Rights—First Amendment—"Citizen" Plaintiff

WEB1. the plaintiff was engaged in a constitutionally protected activity; 2. the defendant’s actions against the plaintiff would chill a person of ordinary firmness from continuing to engage …

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9. Civil Rights Action—42 U.S.C. § 1983 Model Jury Instructions

WEBThis chapter is organized to provide separate “elements” instructions for 42 U.S.C. § 1983 claims against individuals (Instructions 9.3–9.4) and against local governing bodies …

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1.6 Burden of Proof—Preponderance of the Evidence

WEB1.6 Burden of Proof—Preponderance of the Evidence. When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means …

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8.20 Conspiracy—Elements Model Jury Instructions

WEBUnited States, 136 S.Ct. 1423, 1429-32 (2016). With respect to the first element in this instruction, if other jury instructions do not set out the elements of the crimes alleged to …

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9.9 Particular Rights—First Amendment—Public Employees—Speech

WEBCity of Phoenix, 43 F.4th 966, 976 (9th Cir. 2022), the Ninth Circuit reiterated the “five sequential steps to analyze First Amendment retaliation claims brought by government …

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8.128B Soliciting or Receiving Kickbacks in Connection with …

WEB8.128B SOLICITING OR RECEIVING KICKBACKS IN CONNECTION WITH MEDICARE OR FEDERAL HEALTH CARE PROGRAM PAYMENTS (42 U.S.C. § 1320a …

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9.32 Particular Rights—Fourteenth Amendment—Due …

WEB9.32 Particular Rights—Fourteenth Amendment—Due Process—Interference with Parent/Child Relationship

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5.8 Deliberate Ignorance Model Jury Instructions

WEB5.8 Deliberate Ignorance. 5.8 DELIBERATE IGNORANCE. You may find that the defendant acted knowingly if you find beyond a reasonable doubt that the defendant: 1. was aware …

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12.11 ADA—Defenses—Direct Threat Model Jury Instructions

WEB12.11 ADA—Defenses—Direct Threat. 12.11 ADA—Defenses—Direct Threat. It is a defense to the plaintiff’s ADA claim if the plaintiff posed a direct threat to the health and …

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5.5 Willfully Model Jury Instructions

WEBAs the meaning of "willfully" necessarily depends on particular facts arising under the applicable statute, the Committee has not provided a generic instruction defining that …

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10.1 Civil Rights—Title VII—Disparate Treatment—Without …

WEBFor the plaintiff’s claim that [he] [she] [other pronoun] was [discharged] [not hired] [not promoted] [demoted] [state other adverse action] by the defendant because of the …

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8. Offenses Under Title 18 Model Jury Instructions

WEB8.0A Misprision of Felony (18 U.S.C. § 4) 8.1 Arson or Attempted Arson. 8.2 Conspiracy to Commit Arson. 8.3 Assault on Federal Officer or Employee. 8.4 Assault on Federal …

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12. Americans With Disabilities Act Model Jury Instructions

WEBAmericans With Disabilities Act | Model Jury Instructions. 12. Americans With Disabilities Act. This chapter provides jury instructions for actions brought under the Americans with …

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