Replies to post #19002 on XpresSpa Group Inc (XSPA)

[mantis]

I guess if jury hand the judge the verdict with some explanations of how they got to the number, the judge can now check the math in these explanations

[arper]

i know you are directing your query to Red (whom i respect) but i think his answer is that JJ CANNOT determine WITHOUT questioning the jurors. With which i totally agree......... I just hope that JJ does question the jurors because I and many others cannot figure out the glaring discrepancy in award values between GOOG and the other co-defendents......

[Red Angus]

Justice--As I mentioned before, I think the only way Jackson will make a change is to follow Federal Rule of Evidence 606 (b). This provision provides for calling in the jurors and getting actual sworn testimony as to what they did and intended to do.

If there was a mathematical error there's a real question whether he'll make the change....It gets technical, but is a mathematical error merely "clerical"? I'm afraid most cases say no, and a change of verdict doesn't occur. But if the calculation was made and then not written down right or transferred right, or was due to a so-called rounding error Jackson will feel empowered to change the verdict.

A judge can't make a change of "substance"---he can only correct clerical errors. There are many, many cases where terrible computational errors were made, and not corrected. (If the truth were known, possibly a majority of complicated cases involve jury math mistakes in one way or another. I've seen a number of them.)

I think that one of the reasons that we're not hearing much from the court or attorneys is that POSSIBLY the jurors are undergoing questioning at this time, and the lawyers are under a gag order.