A Matter of Form: Pay Attention to Custom Verdict Instructions



Sarah Hogarth wrote this bylined article on the Federal Circuit’s Flexuspine, Inc. v. Globus Med., Inc ruling, which she explained “underscores the importance of crafting a special verdict form tailored to the issues in the case before the verdict form goes to the jury. Failure to object to the verdict form and to alert the district court to its inadequacy can result in a party waiving its right to submit a counterclaim to the jury.”