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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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Judge William Alsup v Judge Lucy Koh - Day v Night - Efficiency v Confusion - Order v Chaos.
Authored by: Anonymous on Thursday, December 27 2012 @ 06:39 AM EST
"Your Honor, with all respect, five minutes is not enough where someone is asking for two and a half billion dollars on a whole host of claims."
What's good for the jury is good for the judge.

[ Reply to This | Parent | # ]

Judge William Alsup v Judge Lucy Koh - Day v Night - Efficiency v Confusion - Order v Chaos.
Authored by: PJ on Thursday, December 27 2012 @ 10:51 AM EST
To be fair, Judge Alsup is a very experienced
judge, on the bench (various benches) for many
years. Judge Koh is relatively new. The
impression I get is that she is a very nice
person who ended up really annoyed by the
burdens of the case. And I pick up something
else, I think -- the feeling I get is that
her newness on the bench and her niceness were
viewed as exploitable or at least usable.

By that I mean, look at the last day's coverage,
and at the end part, where the jury has left
and Apple's Harold McIlhenny asks for guidance
about demonstratives. It seems like an innocent
question, but notice how Samsung's lawyer
responds, and you'll see it was a kind of a
trick, to disadvantage Samsung. In that case,
it didn't work, because Samsung spoke up and
Judge Koh copped the game and it annoyed her.

And then watch how smoothly Michael Jacobs
weaves his way into her trust by helping her
with administrative decisions and issues.
It's almost a two-way discussion every time,
with him saying, when she asks if something
can be done by a certain time, "You bet, Your
Honor." Or suggesting solutions that will
help her.

It could just be I'm over-interpreting, but
we've certainly watched him in action now
more than once, and this is a new side of
him, to me. It's brilliant, of course, but
it's also something out of lawyer's bag
of tools. They are supposed to do such things,
by the way, if they can, but it just
makes me think that her niceness was viewed
as something to manipulate, and her newness.
And at some point, I think she started to
realize it, and that's what the so-called
grumpiness was about.

She's not grumpy. She was disillusioned. Remember
the "I don't trust anyone in the room"? Anyway,
that's my impression so far.

[ Reply to This | Parent | # ]

Experience Counts
Authored by: Anonymous on Thursday, December 27 2012 @ 03:42 PM EST

Judge Koh is new. You don't toss a new swimmer into the deep end of the
pool to learn, and that's what happened here. A case like this needed a
judge like Alsup or Posner, with lots of experience.

It predict that Judge Koh won't get caught this way on her next case.

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

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