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Missing the issues | 336 comments | Create New Account
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Calling this a lynching is pretty naive
Authored by: tknarr on Monday, October 08 2012 @ 12:35 PM EDT

Except that in this case the bankruptcy was tied to and arose out of a legal case against Seagate, who are now partially owned by and a part of Samsung. You remember them, right? The defendants in the case this juror heard? I'd say his having gone up against part of the defendant and been driven to bankruptcy by it goes directly to motive for his insistence on "sending a message". Especially in light of his having failed to mention this case despite clearly remembering it, and given that his answer was phrased so as to imply the other case he described was the only case he'd been involved in without actually denying that there'd been more. That leads to the question "Why didn't he either limit his answer to just "Yes.", the literal answer to the question as posed, or elaborate on all the cases if he was going to go beyond the question as posed and elaborate on any of them? Why be selective in your elaboration?".

The notion of his believing there was a time limit doesn't wash. The initial question didn't contain a time limit, it said "have you ever", and the judge reinforced that by explicitly saying there was no time limit before Hogan was questioned. In light of that, he cannot reasonably have believed there was a point in time before which lawsuits didn't have to be mentioned.

[ Reply to This | Parent | # ]

    Missing the issues
    Authored by: Anonymous on Monday, October 08 2012 @ 01:04 PM EDT
    Or in this case, for the details of his finances regarding a personal bankruptcy case long ago. Details that are not at all related to his jury service but rather serve to smear his character.
    If you do not like the analysis then you are more than welcome to provide an alternative analysis that is supported by the official documents. After all, this is just public information.

    We would not care if he had provided relevant information to the Judge. Sure, the Judge should have followed up but there was at least an moral obligation to list all cases (never was the 10 years he later said) when the Judge did not follow up. So neither Samsung nor Apple had the opportunity to know that the reason he failed to tell the court about two other cases that involved a major tech company, that now has a very strong relationship to a party in this case. Now is there further concern that neither party was able to get the fair trial required by law.

    [ Reply to This | Parent | # ]

    Calling this a lynching is pretty naive
    Authored by: Anonymous on Monday, October 08 2012 @ 02:01 PM EDT
    The details of his bankrupsy are very much relevant to his jury service.

    He claims that he was pushed into bankrupsy by a lawsuit filed against him by a
    subsidary of one of the parties involved in the case he served on the jury for.
    This goes to whether or not he was impartial or biased against Samsung from the
    start.

    [ Reply to This | Parent | # ]

    Calling this a lynching is pretty naive
    Authored by: Anonymous on Monday, October 08 2012 @ 03:22 PM EDT
    Not really. He converted the jury into a lynch mob. And
    boasted about it too. He said things like they wanted to make
    it hurt, not a slap on the wrist.

    This case is significant. This is setting a precedent about
    trade dress in IT. This totally ignored prior art. When he
    had a conflict of interest he should have excluded himself.

    [ Reply to This | Parent | # ]

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