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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Sadly | 185 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Sadly
Authored by: Anonymous on Tuesday, July 17 2012 @ 02:59 PM EDT

Sometimes there is evidence - but not of the sort presented in the case.

Sometimes - and I truly hope it's rare rather then common - sometimes a Juror will decide based on his own reasons regardless of the evidence presented.

RAS

[ Reply to This | Parent | # ]

There is evidence
Authored by: PJ on Tuesday, July 17 2012 @ 07:26 PM EDT
I didn't misread anything. What the judge
has done is weigh which witnesses he believes
more than the other side's, and that is wrong.
He relies on a couple of cases from outside his
circuit, which is lame, and he has taken to
himself the right to decide who wins.

As Novell's attorney opened his oral argument
at the June 7 hearing, which you presumably
haven't read yet, but I have, he opened by
reminding the judge that they were not there
to decide who should win. They were there to
decide if a jury would get the chance to do
that.

And for him to leap into this on the flimsy basis
that he did is questionable. Wait until you
read the hearing transcript. That's my advice.
Or buy it yourself. It will open your eyes, my
friend.

[ Reply to This | Parent | # ]

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