CACI No. 4411

Misappropriation

If you decide that [name of defendant]’s misappropriation caused [name of

plaintiff] harm, you must decide whether that conduct justifies an award

of punitive damages. The purposes of punitive damages are to punish a

wrongdoer for the conduct that harmed [name of plaintiff] and to

discourage similar conduct in the future.

In order to recover punitive damages, [name of plaintiff] must prove [by

clear and convincing evidence] that [name of defendant] acted willfully

and maliciously. Y ou must determine whether [name of defendant] acted

willfully and maliciously, but you will not be asked to determine the

amount of any punitive damages. I will calculate the amount later.

“Willfully” means that [name of defendant] acted with a purpose or

willingness to commit the act or engage in the conduct in question, and

the conduct was not reasonable under the circumstances at the time and

was not undertaken in good faith.

“Maliciously” means that [name of defendant] acted with an intent to

cause injury, or that [name of defendant]’s conduct was despicable and

was done with a willful and knowing disregard for the rights of others.

“Despicable conduct” is conduct so vile, base, or wretched that it would

be looked down on and despised by ordinary decent people. [Name of

defendant] acted with knowing disregard if [he/she/ nonbinary pronoun/it]

was aware of the probable consequences of [his/her/ nonbinary pronoun/

its] conduct and deliberately failed to avoid those consequences.

New December 2007