the reliance on special verdict
forms introduces a further ambiguity;
1] In deciding this case, it is your duty as jurors to decide the issues, and only those issues, that I submit for your determination at the end of the case and to answer certain questions I will ask you to answer on a special form, called a special verdict
12) In contrast to a general verdict, a special verdict
asks the jury to pronounce on the facts of the case and nothing more.
78) Rule 49, however, grants the trial judge not only complete discretion over whether to use a special verdict
or a general verdict with written interrogatories as opposed to a traditional general verdict in the first place, but also considerable latitude in determining how to implement the interrogatories.
The Special Verdict
Form, in relevant part, asked whether the jury found by clear and convincing evidence that "the conduct of Tom Leykis and/or Westwood One (or its employees or agents) was outrageous and thus subject to an award of punitive damages[.
111) Furthermore, at the close of the case, the judge instructs the jury on the applicable law, (112) and the jury verdict, which cannot be a special verdict
, must be unanimous.
T]he rendition by a jury of a special verdict
that would answer a number of questions bearing, perhaps decisively, on whether the defendants are negligent under either of the [plaintiffs' theories].
In addition, the jury must unanimously decide that mental retardation does not exist before addressing other factors, and it must specify via a special verdict
Maguire's failure to request a special verdict
as to each factual theory in the case prevents him from pressing [the Baldwin] argument on appeal.
The Court's opinion, he said, "recognizes that when the jury, through a special verdict
form or in response to written interrogatories, makes findings of fact that support the punitive damages award, those findings are binding on the appellate court under the Seventh Amendment's right to trial by jury.
In a special verdict
, the jury assessed a royalty against Catalina of $660,000 for infringement of Lamps Plus' utility patent 141 and damages of $275,194 for infringement of Lamp Plus' design patent 904, according to the documents.
Warners' statement refers to a lengthy special verdict
form the jurors filled out during deliberations.