Ashby v. Farmers Ins. Co. of Oregon

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 Reporting Act (FCRA), 15 U.S.C. § 1681, eb seq. The United States has intervened in this matter to oppose Defendants’ constitutional challenge.