The following excerpt is from Club Development and Management Corp., In re, 930 F.2d 26 (9th Cir. 1991):
Jury instructions are reviewed for an abuse of discretion and "are considered as a whole to determine if they are misleading or inaccurate." United States v. Armstrong, 898 F.2d 734, 739 (9th Cir.1990) (quoting United States v. Spillone, 879 F.2d 514, 525 (9th Cir.1989)). A reviewing court will reverse a lower court for abuse of discretion only if it has a "definite and firm conviction" that the trial court committed clear error. Abatti v. CIR, 859 F.2d 115, 117 (9th Cir.1988).
1. Jury Instructions on Fiduciary Duty
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