Free Proposed Jury Instructions/Request to Charge - District Court of Connecticut - Connecticut

Case 3:01-cv-01967-RNC

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ) ) Lewis C. Brown ) 301cv1967(RNC) ) Plaintiff, ) v. ) ) Experian Information Solutions, Inc. ) ) Defendant. ) 02/11/04 ) ______________________________________________________________________________

AMENDED PROPOSED VERDICT FORM (PLAINTIFF)

These questions are designed to guide you in deciding the issues in this case. In answering these questions, you should keep in mind the instructions of law which the Court has previously given you. In particular, recall that "willful" means to recklessly demonstrate a "conscious disregard" for a consumer's rights or to engage in "deliberate and purposeful action."1 You should clearly mark your answers to the questions below and proceed as instructed.

1.

Do you find that Lewis C. Brown has proven by a prepodenance of the evidence

that Experian willfully failed to follow reasonable procedures to assure maximum possible accuracy of the information contained in Mr. Brown's credit reports?

1

Casella v. Equifax Credit Infor. Serv. 56 F.3d 469 (2d 1995)

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Yes _____ No _____ 2. Do you find that Lewis C. Brown has proven, by a preponderance of the evidence,

that Experian negligently failed to follow reasonable procedures to assure maximum possible accuracy of the information contained in Mr. Brown's credit reports? Yes _____ No _____ 3. Do you find that Lewis C. Brown has proven by a prepondence of the evidence

that Experian willfully failed to disclose to Mr. Brown the content of Mr. Brown's credit file on one or more occasion? Yes _____ No _____ 4. Do you find that Lewis C. Brown, has proven by a prepondence of the evidence,

that Experian negligently failed to disclose to Mr. Brown the content of Mr. Brown's credit file on one or more occasion? Yes _____ No _____ 5. If you answered Questions No. 3 or Question 4 "Yes", do you find that Lewis C.

Brown has proven by a prepondence of the evidence that Experian failed to disclose the content of Mr. Brown's credit file to Mr. Brown within 5 days of its receiving at least one request? Yes _____ No _____

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6.

Did the defendant violatie the Connecticut Unfair Trade Practices Act by

committing one or more unfair or deceptive acts? Yes _____ No _____ 7. If the answer to Question 6 is "Yes", do you find that Plaintiff suffered an

ascertainable loss of money or property as a result of any unfair and deceptive act? Yes _____ No _____ 8. If you answered "Yes" to Question Nos. 1, 2, 3 or 4, do you find that Mr. Brown

has proven by a preponderance of the evidence that he incurred actual damages? Yes _____ No _____ 9. If you answered "Yes" to Question No. 8, do you find that Plaintiff has proven by

a preponderance of the evidence that Experian's failure to comply with the Fair Credit Reporting Act was a proximate cause of Mr. Brown's damages? Yes _____ No _____ 10. If you answered "Yes" to Question No. 9, what amount of actual damages do your

award as a result of Experian's FCRA violations? $_____________________________________________ 11. If your answer to Questions No. 1 or 3 (or both) was "Yes", what amount of

statutory damages do you award (a figure between $100 and $1,000)? DO NOT answer this question is your answer to Question No. 10 was greater than $1000.

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$_____________________________________________

12.

If your answer to Questions No. 1 or 3 (or both) was "Yes," what amount of

punitive damages do you award (if any)? $____________________________________________

When you have answered these questions, please sign and date the Verdict Form and notify my court room deputy.

DATED this ___ day of ________, 2004

_________________________ Foreperson

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Zenas Zelotes LLC

Shaw's Cove 5, Suite 202 Tel. (860) 442-2265 / Fax. (860) 439-0295

COMMERCIAL LITIGATION & PLANNING

Jones, Day, Reavis & Pogue Attn: Arun Chandra 222 East 41st Street New York, NY 10017-6702

2/11/04

CERTIFICATE OF SERVICE

Zenas Zelotes LLC

Shaw's Cove 5, Suite 202 Tel. (860) 442-2265 / Fax. (860) 439-0295

COMMERCIAL LITIGATION & PLANNING

The undersigned counsel certifies that a copy of the document(s) attached was served upon each addressee by USPS first class mail on the date(s) reflected.

2/11/2004 United States District Court Attn: Clerk of Court 450 Main Street Hartford CT 06103

2/11/04

_____________________________________ ZENAS ZELOTES, ESQ. Zenas Zelotes LLC Shaw's Cove 5, Suite 202 New London CT 06320 Conn. Juris No. 419408 // Fed, Bar No. 23001 Tel: (860) 442-2265 // Fax: (860) 439-0295

Zenas Zelotes LLC
Shaw's Cove 5, Suite 202 Tel. (860) 442-2265 / Fax. (860) 439-0295

COMMERCIAL LITIGATION & PLANNING

United States District Court Attn: Chambers (Chatigny J.) (C. Copy) 450 Main Street Hartford CT 06103 2/11/04