Well, I am not an expert. I understand that when parties are moving a JMOL,
they are arguing to the Judge that according to the law and the evidence in the
record a
reasonable jury would deliver the verdict. My understanding
could be
wrong. But, assuming I'm right, then that suggests that what remains
is
reasonable in which case any alleged bias of the foreman didn't matter,
because
the Judge ruled that reasonable jury would deliver the same
verdict. If
one goes back to what I wrote, one will see from the
scenarios I list that I fully
expect the awards to be reduced and there is a
possibility that prior art evidence
plus the law, for which the Judge is an
expert, may bring the final results a lot
closer to neutral. To state my
assertion more clearly, the more the
Judge via JMOL motions changes the jury
verdict, the less likely the court will feel
that the misconduct and the voir
dire omissions need be addressed. If
the jury verdicts stand as is (with
the Judge correcting the math and
inconsistencies), then I think the Judge will
have to address the mess Mr. Hogan
has presented to the court. Given the
impact on Court resources and
that the Judge thinks she is dealing with 6 year
olds, I think she'll do everything
she can to avoid a retrial and making the
last few months a total waste. Making
the verdict better for Samsung would
allow her
to do that, but we all know (well, it's my bet) that this is going to
go up to
appeals and come back again, but in that case a different judge will
preside.
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