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Seeking damages, a plaintiff pursued a breach of contract claim in federal district court with subject matter jurisdiction based on diversity. The plaintiff, as part of its complaint, made a demand for a jury trial. The state in which the federal district court sits requires the use of a special verdict in civil actions unless a party requests otherwise. The plaintiff requested that the court use a special verdict. The district court directed the jury to return a general verdict. Is it likely that the plaintiff can successfully challenge the use of a general verdict

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Answer 1

It is likely that the plaintiff can successfully challenge the use of a general verdict and seek a new trial with a special verdict.

Here's the reasoning behind it:

1. Demand for a Jury Trial: The plaintiff made a demand for a jury trial as part of its complaint. This indicates the plaintiff's preference to have a jury decide the case.

2. State Requirement of Special Verdict: The state in which the federal district court sits requires the use of a special verdict in civil actions unless a party requests otherwise. A special verdict requires the jury to answer specific questions of fact, making specific findings on each issue in dispute.

3. District Court's Direction for General Verdict: The district court, contrary to the plaintiff's request, directed the jury to return a general verdict. A general verdict is a simpler form of verdict where the jury provides a single overall decision without explicitly stating the specific findings on each issue.

Given these circumstances, the plaintiff can argue that the district court's direction for a general verdict violated the state's requirement for a special verdict. The plaintiff can challenge this decision on the grounds that it deprived them of the opportunity to obtain specific findings on each issue of the case, which could be crucial for their breach of contract claim.

As a result, it is likely that the plaintiff can successfully challenge the use of a general verdict and request a new trial with a special verdict that aligns with the state's requirements.

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Seeking damages, a plaintiff pursued a breach of contract claim in federal district court with subject matter jurisdiction based on diversity. The plaintiff, as part of its complaint, made a demand for a jury trial. The state in which the federal district court sits requires the use of a special verdict in civil actions unless a party requests otherwise. The plaintiff requested that the court use a special verdict. The district court directed the jury to return a general verdict. Is it likely that the plaintiff can successfully challenge the use of a general verdict. Give the reasoning behind it.

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