Pretrial Update, June 7: Judge grants Google’s Motion to strike the jury - bench trial it is
August 26, 2024
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.