Pretrial Update, June 7: Judge grants Google’s Motion to strike the jury - bench trial it is
August 26, 2024
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Judge Brinkema has granted Google's motion to strike the jury demand in the upcoming DoJ v. Google adtech trial.
This means the trial will continue as a bench trial, decided by Judge Brinkema. The trial is scheduled for Sept. 9, pending the outcome of summary judgment arguments.
The big takeaway here - Google's check sent to the DoJ worked.
The DoJ could only demand a jury trial if they could show the federal government was a victim of the antitrust violation and there was a live question around damages. But Google's check to the DoJ for the damages they sought essentially settled that question and therefore the DoJ's request for a jury.
Judge Brinkema highlighted concerns that a jury would not be capable of speculating on damage questions.
One other note: As this case is now a bench trial it is extra important that transparency not take a back seat.