The following excerpt is from Peralta v. DiLlard, 704 F.3d 1124 (9th Cir. 2013):
2. Although this is an appeal from a jury verdict, because [I would] conclude the jury instruction[ ] w[as] erroneous, the prevailing party is not entitled to have disputed factual questions resolved in his favor because the jury's verdict may have resulted from a misapprehension of law rather than from factual determinations in favor of the prevailing party. Clem v. Lomeli, 566 F.3d 1177, 1179 (9th Cir.2009) (internal quotation marks omitted).
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