AMI 2600 Issues—Claim for Damages Based Upon Trade Secret Misappropriation
Ark. Model Jury Instr., Civil AMI 2600
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 26. Trade Secrets
AMI 2600 Issues—Claim for Damages Based Upon Trade Secret Misappropriation
[Plaintiff] claims damages from [defendant] and has the burden of proving each of three essential propositions:
First, that [he][she][it] has sustained damages;
Second, that [plaintiff] owned a trade secret;
Third, that [defendant] misappropriated [plaintiff]'s trade secret.
Fourth, that the misappropriation of a trade secret was a proximate cause of [plaintiff]'s damages.
[If you find from the evidence in this case that each of these propositions has been proved, then your verdict should be for [plaintiff] (against the party or parties found to have misappropriated the trade secret); but if, on the other hand, you find from the evidence that any of these propositions has not been proved, then your verdict should be for [defendant]].
NOTE ON USE
Use the parenthetical portion within the bracketed paragraph only when the plaintiff claims damages from two or more defendants.
Do not use the final bracketed paragraph when the case is submitted on interrogatories.
COMMENT
This instruction is based on Ark. Code Ann. § 4-75-601.
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
End of Document |