Does a jury instruction in a civil case requiring a new trial require a retrial?
MultiRegion, United States of America
The following excerpt is from Callahan v. Wilson, 863 F.3d 144 (2nd Cir. 2017):
An erroneous jury instruction requires a new trial unless the error was harmless. Uzoukwu v. City of N.Y. , 805 F.3d 409, 418 (2d Cir. 2015). "An error is harmless only if the court is convinced that the error did not influence the jury's verdict." Id. (internal quotation marks omitted). We are not persuaded that the error in the deadly force charge given here was harmless.
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