New Drama: Samsung's Appeal Claims Verdict was Tainted By Jury Foreman's Misconduct

Discussion in 'Android News' started by dgstorm, Oct 4, 2012.

  1. dgstorm
    Offline

    dgstorm Editor in Chief Staff Member Premium Member

    Joined:
    Dec 30, 2010
    Messages:
    6,972
    Likes Received:
    1,257
    Trophy Points:
    113
    Location:
    Austin, TX
    [​IMG]

    It looks like there is even more drama in the Samsung vs. Apple appeal than we originally realized. By now you have probably read our earlier reports that Samsung is trying to get the verdict overturned in their $1 Billion U.S. case that they lost against Apple. One of the things they cited as a reason was that they jury didn't fulfill their duty properly. However, their complaint goes even deeper than that and their own investigation reveals some disturbing facts regarding the case. Samsung is now claiming that Jury Foreman Velvin Hogan tainted the verdict with misconduct, and they are even implying that it might have been intentional. Here's a quote with the full skinny on this developing drama,

    Of course, there are two sides to every story, and here is a quote with what Mr. Hogan had to say in response to these allegations,

    It's also worth noting that Mr. Hogan was voted to be the jury foreman by a unanimous vote, except for one, his own. Are these allegations of misconduct viable, or is Samsung just reaching? Personally, I doubt this "drama" really is relevant, and I think it's moot. Ultimately, the jury didn't follow the instructions properly, and that is why the case should be overturned. What do you think?

    Source: AndroidAuthority
  2. 94lt1
    Offline

    94lt1 DF Super Moderator Staff Member Premium Member

    Joined:
    Jan 16, 2012
    Messages:
    11,334
    Likes Received:
    617
    Trophy Points:
    113
    Location:
    SE TX
    Interesting points from Samsung... but I think all they need to do is look at the judges conduct...

    you can't play favorites in a court room..

    If people didn't sign an agreement and take money, all of judge Judy's rulings would be thrown out...this judge sure seemed to conduct themselves in that manner...IMHO..

    Just my opinion... :rolleyes::D
  3. johnomaz
    Offline

    johnomaz Well-Known Member

    Joined:
    Jul 12, 2010
    Messages:
    2,418
    Likes Received:
    226
    Trophy Points:
    63
    Location:
    Central Valley, California
    I think it was his knowledge of the patent system, or should I say made up knowledge, that screwed it up. making your own definitions and not following the laid out rules by the judge should be enough.
  4. Chocula78
    Offline

    Chocula78 New Member

    Joined:
    Aug 27, 2010
    Messages:
    85
    Likes Received:
    0
    Trophy Points:
    0
    I'd say that history is pretty damn relevant, regardless of the 10 year cap. He has a reason to possess a personal vendetta against Samsung. It's like having that fat kid you made fun of in elementary school being the foreman at your trial for some crime you are charged with.

    And yes, the way the jury operated was outside of the instructions they were given.
  5. jseah
    Offline

    jseah New Member

    Joined:
    Mar 24, 2011
    Messages:
    978
    Likes Received:
    25
    Trophy Points:
    0
    According to the transcript of the jury questionnaire, the question posed to the jurors were whether they were ever involved in litigation, not whether they were involved within the last 10 years.
  6. pdroid
    Offline

    pdroid New Member

    Joined:
    Mar 4, 2010
    Messages:
    2,252
    Likes Received:
    7
    Trophy Points:
    0
    Location:
    Philly
    Exactly. Hogan keeps digging himself deeper IMO.
    1 person likes this.
  7. Big Ry
    Offline

    Big Ry New Member

    Joined:
    Feb 4, 2010
    Messages:
    1,300
    Likes Received:
    10
    Trophy Points:
    0
    Location:
    Blacksburg, VA
    Yeah, 10 years? Who cares! I hate apple now and I hated them 15 years ago! I definitely think Sammy has some solid ground to stand on...that is, if judge apple er... judge koh doesn't show bias towards apple again.

    Sent from my Galaxy Nexus using Tapatalk 2
  8. bazar6
    Offline

    bazar6 Premium Member Theme Developer Premium Member

    Joined:
    Dec 15, 2009
    Messages:
    675
    Likes Received:
    9
    Trophy Points:
    18
    Location:
    MD
    I think it should be thrown out (not "overturned") ... a bias judge and foreman, and not following instructions, should be grounds to dismiss the verdict and start a new trial... I'd be screaming for another trial in a neutral location too; a court 10 miles from one sides HQ will obviously bring in potential jurors that could be negatively effected by the wrong outcome, even if they didn't personally own an Apple product.
Search tags for this page

can you waive a jury verdict if the jury is tainted?