Mr. Everdell argues to the Court that a new proposed jury instruction is more accurate because it tracks case law development from the Second Circuit, specifically from Judge Rakoff, as opposed to older language invented by Judge Sand that was not based on circuit case law.
This document is a court transcript from August 10, 2022, capturing a dialogue between a judge ('THE COURT') and an attorney ('MR. EVERDELL'). Mr. Everdell is advocating for a new proposed jury instruction, arguing that its 'dominant purpose' language is more accurate as it is based on Second Circuit case law from Judge Rakoff, unlike the previous instruction's language which he claims was invented by Judge Sand without basis in circuit law.
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