The following excerpt is from Claiborne v. Blauser, 934 F.3d 885 (9th Cir. 2019):
5 "We may also take into consideration the costs of correcting an error andin borderline casesthe effect that a verdict may have on nonparties, although these considerations are by no means dispositive as to whether we will exercise our discretion to correct forfeited errors." Hoard v. Hartman , 904 F.3d 780, 787 (9th Cir. 2018) (internal quotation marks omitted). Here, unlike in Hoard , we are not reviewing civil jury instructions and this is not a borderline case. Therefore, we do not consider the costs of correcting the error or the effect a verdict may have on nonparties. See id . at 792 n.11.
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