Google cuts check for DOJ while trying to dodge jury trial in digital ads lawsuit

Published

1 year ago

May 22, 2024

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Google has taken the bizarre step of paying the US governments proposed damages in full as it seeks to avoid a risky jury trial in the Justice Departments case targeting its alleged monopoly over the digital advertising market.

In a little-noticed court filing last week, Google revealed it cut a cashiers check for a redacted amount of money — believed to be a paltry sum of less than $3 million — that the company claimed covered full monetary damages sought by the DOJ.

It wasnt immediately clear if the DOJs legal team had accepted the check.

The DOJ had filed for monetary damages on behalf of government entities, such as the US army, that have purportedly overpaid for online ads due to Googles harmful business practices.

Critics of Google seized on the filing as proof that the company was afraid to leave the case — which could upend its lucrative digital advertising business and force changes to its business model — in the hands of jurors.

Google A/B tests everything, so this move suggests theyve run a jury simulation (perhaps more than once) and found theyre vulnerable, said Luther Lowe, the head of public policy at Y Combinator.

Filed in Virginia federal court, the DOJs case also seeks to force a breakup of Googles advertising technology business, including the forced sale of its ad manager platform.

Google argued that DOJ sought monetary damages solely to clear the legal bar for securing a trial by jury, rather than a bench trial decided by a judge.

Googles lawyers argue the check means the DOJ has no right to a jury trial.

Google continues to dispute liability and welcomes a full resolution by this court of all remaining claims in the complaint, the companys filing said.

Google also has claimed that the DOJs request for a jury trial was breaking with all historical precedent for antitrust proceedings

The filing noted that the DOJ itself has referred to the details of the case as highly technical, often abstract, and outside the everyday knowledge of most prospective jurors.

Google said in previous filings that the DOJ has demonstrated maximum damages of less than $1 million during the discovery process. Since the law allows the court to issue treble damages or triple the originally stated amount the check was likely less than $3 million.

DOJ manufactured a damages claim at the last minute in an attempt to secure a jury trial in a case even they describe as highly technical and outside the everyday knowledge of most prospective jurors, a Google spokesperson said in a statement. Thats why the law warrants a judicial review of the evidence in this case.

The Post has reached out to the Justice Department for comment.

Earlier this year, Google was handed one of the worst legal losses in company history after a jury determined by unanimous verdict that it had maintained an illegal monopoly through its Android app store.

The case, which was brought by Fortnite maker Epic Games, is currently in the remedy phase.

Another major antitrust case, the Justice Departments landmark challenge of Googles online search empire, was a bench trial. US District Judge Amit Mehta will issue his decision on whether Google maintains a monopoly over online search later this year.

With Post wires

Sports

Brewers first in MLB to clinch playoff spot

Published

3 hours ago

September 14, 2025

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Brewers first in MLB to clinch playoff spot

Associated Press

Sep 13, 2025, 07:36 PM ET

MILWAUKEE — The Brewers have become the first major league team to clinch a playoff spot this season.

According to MLB, the New York Mets’ 3-2 loss to the Texas Rangers on Saturday sealed at least a National League wild card for the Brewers as they got ready to play Saturday night against the St. Louis Cardinals.

The NL Central-leading Brewers own the best record in the majors.

This marks the seventh time in the last eight seasons that the Brewers have qualified for the playoffs, though they haven’t won a postseason series since reaching Game 7 of the National League Championship Series in 2018.

They had made a total of two postseason appearances from 1983-2017.

Sports

Georgia Tech stuns Clemson with walk-off FG

Published

6 hours ago

September 13, 2025

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Georgia Tech stuns Clemson with walk-off FG

ESPN News Services

Sep 13, 2025, 03:34 PM ET

ATLANTA — Aidan Birr made a 55-yard field goal as time expired and the Georgia Tech Yellow Jackets upset the No. 12 Clemson Tigers on Saturday.

With no timeouts left and the clock running with under 20 seconds to play, the Georgia Tech special teams squad sprinted onto the field and lined up.

And on fourth-and-3, Birr connected and the home crowd rushed the field.

Quarterback Haynes King returned from a lower-body injury that kept him out of Georgia Tech’s Sept. 6 win over Gardener-Webb.

King was 19-for-27 for 216 yards and added 25 carries for 103 yards and a touchdown on a 1-yard quarterback sneak in the fourth quarter for the Yellow Jackets (3-0, 1-0 ACC).

King’s score and the 2-point conversion gave the Yellow Jackets a 21-14 lead.

Clemson quarterback Cade Klubnik had an uneven performance in which he turned the ball over twice — one fumble and one interception.

Klubnik was 15-for-26 for 207 yards, including a 73-yard touchdown pass to Bryant Wesco early in the second half to give the Tigers a 14-13 lead. Klubnik added 62 yards and one touchdown on the ground.

For the second straight week, Clemson (1-2, 0-1) had to overcome a slow start and halftime deficit.

The Associated Press contributed to this story.

Sports

Simpson, Williams shine as Tide roll Wisconsin

Published

6 hours ago

September 13, 2025

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Simpson, Williams shine as Tide roll Wisconsin

Associated Press

Sep 13, 2025, 03:35 PM ET

TUSCALOOSA, Ala. — Ty Simpson threw for 382 yards and four touchdowns, including two to returning star Ryan Williams, and No. 19 Alabama overpowered Wisconsin for the second consecutive year, winning 38-14 on Saturday.

Simpson completed 24 of 29 passes, with two of his misses being drops by Williams and freshman Lotzier Brooks. Williams finished with five receptions for 165 yards after missing last week’s game because of a concussion.

Simpson, who was equally solid last week against Louisiana-Monroe, joined Mac Jones (2020) as the only quarterbacks in school history to complete at least 80% of their passes and throw three TDs in consecutive games.

The Byrant-Denny Stadium crowd erupted as Williams took a screen pass and went 75 yards on the first play of the second half. It gave Williams his first 100-yard game since facing Georgia last September.

Bray Hubbard‘s two interceptions led an Alabama (2-1) defense that held Wisconsin to 209 yards. The Crimson Tide notched four sacks.

Danny O’Neil, subbing for injured Wisconsin starter Billy Edwards Jr., completed 11 of 17 passes for 117 yards. His 41-yard TD pass to Jayden Ballard was one of the few highlights for the Badgers (2-1). Vinny Anthony II also returned a kickoff 95 yards for a score.

The injury-riddled Badgers couldn’t find a rhythm on either side of the ball and have dropped consecutive games to Alabama by a combined score of 80-24, while the Tide have outscored their last two opponents by a combined score of 111-14 following their season-opening loss to Florida State.

Alabama defensive end LT Overton left the game in the third quarter with an undisclosed injury and did not return. He walked to the locker room without assistance.

Wisconsin returns home to face Maryland next Saturday in the Big Ten opener for both teams.

Alabama gets the week off before opening conference play against No. 6 Georgia.