5th Cir. Pattern Jury Instr. (Civil) 13.4

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Defendant [name] intended to make it or that [he/she]

even knew of it. Plaintiff [name] is required only to

prove that Defendant [name] made the [misstatement/

omission].

A [misstatement/omission] is material if a reasonable investor would have considered it to be important

in making the decision to [buy/lease] the property.

If you find that Plaintiff [name] has established

[his/her] claim, you must then consider Plaintiff

[name]’s damages. You may award only those damages

that a preponderance of the evidence establishes are

necessary to fairly compensate Plaintiff [name]. Damages may not be awarded or increased for the purpose

of punishment. Plaintiff [name] is entitled to be

compensated for:

1. the difference between

a. the amount [he/she] paid [to

purchase/to lease] the property, plus the reasonable cost of any improvements [he/she]

made to the property, and

b. the fair market value

1

of the property

at the time [he/she] [purchased/leased] it;

2. [less the amount Plaintiff [name] received from

reselling the property]; and

3. any fees paid to independent appraisers; and

4. the expense of any travel to and from the property; and

5. reasonable attorney’s fees.

1“Fair market value” is defined in Pattern Jury Instruction 13.3.

13.4MISCELLANEOUS FEDERAL CLAIMS

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14

[RESERVED]

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15

DAMAGES

Overview

The model damages instructions included in this section are

very general in nature and are not appropriate for every federal-court case. When a state-law claim is brought in federal court, Erie

Railroad Co. v. Tompkins generally requires that state substantive

damages law be applied. 1 For damages instructions tailored to

state-law claims, the pattern jury instructions published in that

state should be consulted. 2 The damages instructions included

here will generally be appropriate for claims arising under federal

law when common-law tort damage principles apply. 3

Some federal claims have specific rules governing damages.

For example, see Instruction No. 11.14 of this book for the rules

governing damages for claims under Title VII and the ADA. A

careful investigation of the relevant statutes and any applicable

specialized federal common law is often necessary to determine the

particular types of damages that attach to a particular federal

claim. These pattern damage instructions are a starting point for

crafting instructions that will be appropriate for many claims arising under federal law but will have to be tailored to the facts and

law presented in the case.

1304 U.S. 64, 78 (1938) (“Except in matters governed by the Federal

Constitution or by acts of Congress, the law to be applied in any case is

the law of the state... There is no federal general common law.”).

2Louisiana: A NDREA BEAUCHAMP CARROLL,L OUISIANA CIVIL JURY INSTRUCTION COMP ANION HANDBOOK (2018–2019 ed.); H. A LSTON JOHNSON III, 18 L OUISIANA CIVIL LAW TREATISE CIVIL JURY INSTRUCTIONS (3d ed. 2011). Mississippi:

MISS.J UDICIAL COLLEGE,M ISSISSIPPI PLAIN LANGUAGE MODEL JURY INSTRUCTIONS

CIVIL (2d ed. 2012). Texas: C OMM. ON PATTERN JURY CHARGES OF THE STATE BAR

OF TEX., T EXAS PATTERN JURY CHARGES (2018 ed.).

3See, e.g. , Carey v. Piphus , 435 U.S. 247, 252-53 (1978) (the “rules

[the common law of torts has developed] to implement the principle that a

person should be compensated fairly for injuries caused by a violation of

his legal rights... provide the appropriate starting point for the inquiry

under § 1983...”).

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