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Authored by: Anonymous on Wednesday, September 05 2012 @ 12:23 AM EDT |
But I think we would all rather the case not get to a 50b
motion.
If we had began with a unbiased ( we can assume they were so
) uninfluenced ( that's what we're discussing ) jury, then
for Samsung to prevail, they would have to prove by a
"preponderance of the evidence". Now they have to prove to
the judge that "no reasonable jury". It's not clear exactly
what that phrase means, since a jury has not been given
instructions clarifying what it means, but I think it's
fairly close to "beyond a shadow of a doubt". Certainly it
raises the bar for Samsung significantly, simply because a
juror could not follow instructions.
However if the statements can be included in a motion for
mistrial, then I think whatever standard, Samsung would have
met it.
For that reason, I think that Samsung should be filing for a
mistrial.
Mouse the Lucky Dog[ Reply to This | Parent | # ]
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