Samsung said foreman Velvin Hogan was asked during jury selection whether he'd been involved in lawsuits and didn't tell the judge that he had filed for bankruptcy in 1993 and had been sued by his former employer, Seagate Technology Inc.
"Mr. Hogan's failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore," Samsung said in its request for a new trial.
Hogan denies that there was any misconduct saying that court instructions required disclosure of any litigation they were involved in within the last 10 years. Since the bankruptcy and related litigation involving Samsung was in 1993, it fell well outside that time range.
"Had I been asked an open-ended question with no time constraint, of course I would've disclosed that," Hogan said, referring to the bankruptcy and related litigation. "I'm willing to go in front of the judge to tell her that I had no intention of being on this jury, let alone withholding anything that would've allowed me to be excused."
"I answered every question the judge asked me" and Samsung "had every opportunity to question me," Hogan said.