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Lv v Eisenhauer Jury Charges

Lv v Eisenhauer Jury Charges

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Published by Marty Schwimmer
LV v eisenahuer trademark jury charges
LV v eisenahuer trademark jury charges

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Published by: Marty Schwimmer on Jan 23, 2012
Copyright:Attribution Non-commercial

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01/23/2012

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FILED
IN
THEUNITEDSTATESDISTRICTCOURT
JAN
12
2012
FORTHE
WESTERNDISTRICTOF
TEXAS
CLERJCIXL.D1STRICT
COURT
LOUIS
VUITTON
I4ALLETIER
§
WES1RN,$RICT
OFTEXAS
,ZAJ
ETVtLERK
§
Plaintiff
§
§v.
§
No.
SA-ll-CA-124
§
EISENI-IAUER
ROADFLEAMARKET,
§
INC.,et
al.
§§
Defendants
§
§
THE
COURT'SINSTRUCTIONS
TOTHE
JURY
MEMBERS
OF
THE
JURY:
Nowthatyouhave
heard
all
of
the
evidenceand
the
arguments
of
counsel,
it
becomesmyduty
to
give
you
the
instructions
ofthe
court
concerning
thelaw
applicable
to
this
case.
Itis
your
duty
as
jurors
to
follow
thelaw
as
I
shallstate
it
to
you,
and
to
apply
that
law
to
the
facts
as
youfindthemfromthe
evidence
in
the
case.
You
are
not
to
single
outone
instruction
alone
as
stating
the
law,
but
mustconsider
the
instructions
as
a
whole.
Neither
are
youtobe
concernedwith
the
wisdom
of
anyruleof
law
statedby
me.
Case 5:11-cv-00124-HLH Document 104 Filed 01/12/12 Page 1 of 15
 
DUTY
TO
FOLLOWINSTRUCTIONSRegardless
of
any
opinion
you
mayhave
as
to
what
the
law
is
or
ought
tobe
it
would
be
a
violation
of
yoursworn
duty
to
base
a
verdictuponanyview
of
the
law
otherthanthatgiven
in
the
instructions
of
theCourt.
It
would
alsobe
a
violation
of
your
swornduty
as
judges
of
thefacts
to
base
a
verdictupon
anythingotherthan
the
evidence
in
the
case.In
deciding
thefacts
of
thiscase
youmust
notbeswayedby
bias
or
prejudice
as
to
any
party.
Ourlegal
system
does
not
permitjurors
tobe
influenced
by
prejudice
or
sympathy
or
publicopinion.Both
the
partiesand
the
publicexpect
thatyouwill
carefully
and
impartiallyconsider
all
the
evidence
inthe
case,
follow
thelaw
as
statedby
the
Court,
andreach
a
justverdict
regardless
ofthe
consequences.One
ofthe
parties
in
this
case,
EisenhauerRoad
FleaMarket,
Inc.is
a
corporation.Another,Louis
Vuitton
Malletier,
is
a
businessentityorganized
under
the
laws
of
France,and
bearingsome
resemblance
to
a
corporation
or
limitedliability
company.
Corporations
andother
businessentities
of
thistype
are
entitled
to
the
samefairtrial
at
yourhands
asis
a
natural
person.Thelaw
is
no
respecter
of
persons,and
all
persons,
including
these
organizations,stand
equalbefore
the
law,
and
aretobe
dealtwith
as
equals
in
a
court
of
justice.
Case 5:11-cv-00124-HLH Document 104 Filed 01/12/12 Page 2 of 15
 
CONSIDERATION
OFTHE
EVIDENCE
When
a
corporation
or
similar
businessentity
is
involved,
of
course,
it
may
act
onlythroughnaturalpersons
as
its
agents
or
employees.
In
general,anyagent
or
employee
of
a
companymay
bindthe
companyby
hisacts
anddeclarationsmadewhileactingwithin
the
scope
ofthe
authoritydelegated
to
him,
or
within
thescope
of
hisduties
as
an
employee
ofthe
company.
Ofcourse,
theagent
or
employeemaycontinue
tobe
personally
liable
forthe
consequences
ofhisor
her
own acts
or
omissions.As
stated
earlier,
itis
your
duty
to
determine
the
facts,andin
so
doingyou mustconsider
onlythe
evidence
I
have
admitted
in
the
case.
The
term"evidence"
includes
the
sworn
testimony
ofthe
witnesses
andtheexhibits
admitted
in
therecord.
Remember
that
anystatements,objections,
or
argumentsmade
by
the
lawyers
are
not
evidence
in
the
case.The
function
of
thelawyers
is
to
point
out
thosethings
that
are
mostsignificant
or
mosthelpful
to
theirsideofthe
case,
and
in
so
doing,to
callyour
attention
to
certain
facts
or
inferences
that
mightotherwiseescape
your
notice.
In
thefinalanalysis,however,
itis
your
own
recollection
and
interpretation
of
the
evidence
thatcontrols
in
the
case.
What
the
lawyers
say
is
not
binding
upon
you.
So,
while
you
shouldconsideronly
the
evidence
in
the
case,
youare
permitted
to
draw
such
reasonableinferences
from
the
evidence
as
you
feelare
justified
in
thelight
of
common
Case 5:11-cv-00124-HLH Document 104 Filed 01/12/12 Page 3 of 15

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