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| Authored by: nsomos on Saturday, September 01 2012 @ 01:15 AM EDT |
Parent post supposes 'if the jury verdict is tossed
out, only the guilty portions get a chance to happen again.
Innocent verdicts can't be "done over" or set aside.'
For criminal cases, there is this thing called 'double jeopardy',
where someone cannot be tried twice for the same crime.
Perhaps that is what you are thinking of.
I don't think there is any such limitation in civil cases.
And if some party doesn't like the result, they can always appeal.
Appeals are not always granted. Parties can appeal all the way
up to the Supreme Court, which grants certiorari to only a small
fraction of all the cases brought to it.
My guess is that a simple answer to your question will not be
correct, and a correct answer will not be simple. In many cases
a definite ... "it depends" ... may be the best you can get.[ Reply to This | Parent | # ]
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| Authored by: TennSeven on Saturday, September 01 2012 @ 12:29 PM EDT |
You are probably thinking about the "double jeopardy" concept
in criminal trials, but there is no analog in a civil trial.
So, for instance, if Samsung asked for an entirely new trial
in its appeal (very unlikely) and that was granted (even more
unlikely), every verdict would be up for grabs again. What is
more likely is that, while Samsung is appealing aspects of the
other decisions, Apple could make its own appeal on the
decisions that did not go its way and, if the court agreed
with Apple's arguments, these decisions could be overturned or
remanded back to the lower court to go over again.[ Reply to This | Parent | # ]
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| Authored by: celtic_hackr on Sunday, September 02 2012 @ 02:37 AM EDT |
I predict Samsung will seek to have the portions of the verdict tossed on the
parts they don't like and seek a JMOL or a new trial.
Apple will appeal the verdict on the portions they don't like and seek a JMOL or
a new trial.
The Appeals court will grant both requests, kicking the whole thing back to the
circuit. Rinse and repeat.
Judge Koh will recuse herself and Posner will toss the whole thing out, except
for a few small pieces and Samsung will lose in a small way, for being a little
too matchy matchy. Apple, will be the real loser here, because everyone will now
think of Samsung when they need to make a new purchase, and Apple sales will
diminish further. [ Reply to This | Parent | # ]
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