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ASHBY v. FARMERS INS. CO. OF OREGON

No. 01-CV-1446-BR.

592 F.Supp.2d 1307 (2008)

Douglas ASHBY, Carol Porto, Grant Wenzlick, Leo Newberry, and Evelyn Broeffle, Plaintiffs, and United States of America, Intervenor-Plaintiff, v. FARMERS INSURANCE COMPANY OF OREGON and Farmers Group, Inc., Defendants.

United States District Court, D. Oregon.

December 12, 2008.

Attorney(s) appearing for the Case

N. Robert Stoll, Steven D. Larson, David F. Rees, Mark A. Friel, Stoll Stoll Berne Lokting & Schlachter, P.C., Portland, OR, Charles A. Ringo, Bend, OR, for Plaintiffs.

Michael B. Mukasey, Attorney General, Gregory G. Katsas, Assistant Attorney General, Eugene M. Thirolf, Director, Office of Consumer Litigation, Daniel K. Crane-Hirsch, Office of Consumer Litigation, Washington D.C., Karin J. Immergut, United States Attorney, Kelly Zusman, Assistant United States Attorney, Portland, OR, for Intervenor-Plaintiff.

Barnes H. Ellis, Stephen A. Redshaw, Timothy W. Snider, Stoel Rives, LLP, Portland, OR, for Defendants.

OPINION AND ORDER

BROWN, District Judge.

This matter comes before the Court on Plaintiffs' Motion (# 483) to Approve Jury Instructions Regarding Burden of Proof, Willfulness, Statutory Damages, and to Approve the Verdict Form. Defendants oppose Plaintiffs' proposed jury instructions on statutory damages and willfulness and offer alternative instructions. Defendants also challenge the constitutionality of the statutory-damages provision in the Fair Credit...

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