What is the test for "plain error" in a jury instructions in a civil case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Goldstein, 442 F.3d 777 (2nd Cir. 2006):

When we review for plain error, we examine the challenged language in context by looking at the instructions as a whole to determine if the jury was given a correct interpretation of the law. Id. at 94-95. This standard requires an error that is plain and affects substantial rights. If those three conditions are met, we may exercise our discretion to review the error, but only if it seriously affects the fairness, integrity, or public reputation of the judicial proceedings. United States v. Rossomando, 144 F.3d 197, 200 (2d Cir.1998). After instructing the jury as to the elements of "intent to defraud," the district court addressed the defense of good faith.

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