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Proving harm from jury instructions

Comet Technologies USA v. XP Power

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Comet Technologies and its co-petitioners filed a petition asking the Supreme Court to review a Ninth Circuit rule that makes the party defending a civil judgment prove that a mistaken jury instruction did not cause harm.
What's at stake
The dispute leaves unresolved whether the side appealing or the side defending a civil judgment must show that a mistaken jury instruction caused harm.

Summary: written with AI from the case record.

What it's about

They argue the party appealing should have to show harm instead.

Comet argues that the Ninth Circuit departs from the usual civil rule that the party challenging a judgment must show that an error caused harm.

Question presented

Whether there is an exception for erroneous jury instructions to the otherwise uniform rule that the appellant bears the burden in a civil case to establish that an error was prejudicial?

What happens next

The Court must decide whether to hear the case. No oral argument or decision window is set unless the Court agrees to review it.

Documents

2

Docket activity

6
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Nov 2, 2026 · Court records

Show 1 more
  • Court Order added: Lower Court Orders/Opinions

    Sep 3, 2026 · Court records

Sources

Primary materials from the Court and the parties. Grounded in docket records and cited sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings