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JSmith5

11/07/22 12:35 PM

#739629 RE: kip128932156 #739624

Right - hung juries are rare and, at the start, I did not expect it here. Remember, the data you cite is the criminal cases and I think hung juries are even rarer in civil cases in Federal Court ("Hey - its not my money - so what difference does it make and I want to go home")

Given the great job HH did - you would think the only issue we would have had to worry about was the damages - as the bar was very low - and he was so far above it how could you see otherwise? Of course, I am a little bias in favor of the Ps.

Again, thanks for everyone's work on keeping us posted so we did not have to hear the play by play from some unreliable third party like the WSJ.

Nats
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Achilles deFlandres

11/07/22 12:58 PM

#739638 RE: kip128932156 #739624

I think under these circumstances: basically, only juror memory and notes in such a complex case, a good outcome could not be expected.

Which facts were remembered correctly? Which notes were taken? What did it mean? What is the background in this case? What requisite knowledge is required to understand? What are biases?

I would say memories consisted of somewhat random courtroom interchanges biased by the ability to comprehend as well as familiarity with requisites.

Note taking definitely requires some expertise and nomenclature. Without expertise the amount of language required cannot be recorded efficiently enough and will distract from the proceedings.

This was a tsunami for the unprimed juror. I don't think any of us on this message board (who are somewhat knowledgeable) having year in and year out time spent can understand juror pressure in this. Lamberth increased that pressure on them.