|
|
|
| Authored by: Anonymous on Tuesday, December 18 2012 @ 02:22 PM EST |
Hogan's statements to the press were admissions against interest and so
admissible as a hearsay exception.[ Reply to This | Parent | # ]
|
| |
| Authored by: OpenSourceFTW on Tuesday, December 18 2012 @ 02:32 PM EST |
I don't "think" that is is unfair. The fact is that it "is"
unfair. If I thought it was fair it would still be unfair.
My reasoning process is irrelevant when the facts of the case state that there
are major problems with the verdict and with the foreman. What I think is
unimportant, but what actually happened is.
Please think about the following:
Concerning Hogan: Did he or did he not say to the media that they wanted to
"punish" Samsung? - Yes
Concerning the governing case law: does it or does it not explicitly state that
the jury is not to impose punitive damages in this type of case? - Yes
Therefore, is this a problem?: - Yes, probably enough to warrant a new trial,
but IANAL
Concerning Hogan: Did he or did he not state to the media that he was not
expected to disclose old cases? - Yes
Did this case pose a conflict of interest problem for Samsung? - Yes, business
relationship with Seagate
Concerning the judge: did she or did she not ask another juror about an
"old" case in Hogan's hearing? - Yes
Concerning the judge: did she or did she not ask Hogan about a detail from an
"old" case? - Yes
Therefore, does this not imply that Hogan failed to disclose a case that he
should have disclosed - Yes
Concerning Hogan: did he or did he not mention his alternate theory for
excluding the prior art available to the jury, and did he not reveal this to the
media? - Yes
Was this presented by an official expert - No
Is this valid testimony - No
Therefore, did Hogan improperly influence the jury - Yes, by his own admission
Please explain how my personal views change any one of the facts above. And
please explain how the facts above do not warrant a new trial.
---
I voted for Groklaw (Legal Technology Category) in the 2012 ABA Journal Blawg
100. Did you? http://www.abajournal.com/blawg100. Voting ends Dec 21.[ Reply to This | Parent | # ]
|
|
|
|
|
