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· 12/30/2010

Estate of Schwarz Ex Rel. Schwarz v. Philip Morris Inc.

Citations

  • 246 P.3d 479
  • 349 Or. 521
  • 2010 Ore. LEXIS 951

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that “a proposed instruction must be complete and accurate in all respects”
  • discussing research generally; evidence on low-tar cigarettes in Schwartz was not introduced in this case
  • “Everything which is reasonably capable of confusing or misleading the jury should be avoided. Instructions which mislead or con- fuse are ground for a reversal or a new trial.”
  • “For appellate courts reviewing claims of instructional error, the touchstones are legal accuracy and clarity[.]”
  • “It is of course true that, under Oregon Law, no party is required to request a jury instruction that advances the other party’s theory of the case.”
  • \[A] proposed instruction must be complete and accurate in all respects.\

Source: CourtListener parenthetical corpus (CC0).

Judges: De Muniz, Durham, Balmer, Walters, Kistler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.