[rayiner]

The system says that decisions involving monetary damages are made by juries, and decisions involving injunctive relief (ordering a company to do something or not do something) are made by judges. If you tack on a claim for monetary damages when your that’s just a tail wagging the dog, when your real focus is the injunctive relief, then that is gaming the system.

Or, to put it differently, the government invoked a damages claim that’s tangential to its case to get in front of a jury on a technicality. And Google invoked a different technicality to get out from a jury trial. Live by the sword die by the sword.

And whether any of this helps or hurts the government’s chances against Google is entirely irrelevant.

[dataflow]

> The system says that decisions involving monetary damages are made by juries, and decisions involving injunctive relief (ordering a company to do something or not do something) are made by judges.

The "decisionmaker" isn't the point here. And in fact the decision is with the judge in both scenarios: https://www.brienrochelaw.com/legal-faqs/can-a-judge-overtur...

[rayiner]

That’s not correct. The judge cannot overturn a jury verdict because he disagrees that it’s the best decision. He can only do so where the evidence is such that no reasonable jury could have reached that decision. It’s a standard that’s very deferential to the jury.

In this particular case, the decision of whether there was an antitrust violation at all would be made by the jury if damages are involved, but by the judge if no damages are involved. Even though the judge will make the final decision on equitable remedies (whether to break up Google), the jury’s verdict is binding on anything the judge subsequently does. The judge isn’t allowed to reach a decision that contradicts the jury on any issue that the jury explicitly or implicitly decided.

[salawat]

>He can only do so where the evidence is such that no reasonable jury could have reached that decision.

Who defines this "reasonable jury" thing? And why do judges get to opine on it?

If the jury shits on your case, it's called nullification, and it's working as designed. If the jury rakes you over a bed of coals, you have one safety valve in that the judge can tamp down on things to mitigate cruel and otherwise unusual awards as far as I understand it, but even with that, there's usually a statutory aspect to things I thought. E.g. ...fines no greater than type language.

[dragonwriter]

> Who defines this "reasonable jury" thing?

In theory, its an “objective standard"; in practice, that mrans the highest court hearing the case ultimately decides.

> And why do judges get to opine on it?

Because its a matter of whether a s a matter of law the vedict is justified. (It's also a due process issue and equal protection issue, preventing a party from beinf deprived of property without basis in law or under standards not applied to other similarly situated parties.)

> If the jury shits on your case, it's called nullification

Nullification exists solely in criminal trials, and only in the direction of acquittals. It doesn't apply for criminal convictions or any civil cases result.

> If the jury rakes you over a bed of coals, you have one safety valve in that the judge can tamp down on things to mitigate cruel and otherwise unusual awards as far as I understand it,

Your understanding is incorrect. The protection against cruel and unusual punishments is a protection against the law providing punishments which would meet that standard, whether in general or as specifically applied to you. It is separate and in addition to protection that any detriment the government imposes on you must be both justified by the law and a consistent with its equal application.