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

Published

3 weeks 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

Politics

Musk promises ban on Apple, Greenpeace calls for Bitcoin’s PoS, and other news: Hodler’s Digest, June 9-15

Published

2 hours ago

June 15, 2024

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Musk promises ban on Apple, Greenpeace calls for Bitcoin’s PoS, and other news: Hodler’s Digest, June 9-15

Elon Musk threatens to ban Apple devices if they integrate with ChatGPT, Greenpeace calls for a shift in Bitcoin’s consensus mechanism, and more.

Environment

Tesla Cybertruck deliveries halted amid problem with giant windshield wiper

Published

2 hours ago

June 15, 2024

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Tesla Cybertruck deliveries halted amid problem with giant windshield wiper

Tesla has reportedly halted Cybertruck deliveries amid a problem with the motor of its giant windshield wiper.

The Cybertruck is equipped with the biggest wiper put on a consumer vehicle.

It’s the result of Tesla’s design, which aimed to have a straight line from the front-end all the way to the apex of the roof – resulting in nowhere to hide wipers between the hood and the windshield.

Instead, Tesla opted to have a single giant exposed wiper with a vertical resting position for aerodynamic reasons.

In my review of the Cybertruck, I noted that we had some problems with it, like starting on its own for no reason and staying down as a resting position rather than up. However, I chalked this up as being due to Tesla’s notoriously bad auto windshield wiper system, which is common on all Tesla vehicles – not just the Cybertruck.

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Now, many Cybertruck buyers are reporting that Tesla has delayed their deliveries, indicating a roughly week-long halt on deliveries, and some were told by Tesla that it had to do with the windshield wiper motor (via Cybertruck Owners Club).

Some buyers were told that Tesla would have to replace the windshield wiper motor on all Cybertruck, but this has yet to be confirmed.

No recall notice has been released yet.

Electrek’s Take

As I previously reported, we had some issues with ours last month when reviewing the Cybertruck.

I chalked it up to the terrible Tesla auto wiper, but now that I think about it, it’s possible that it wasn’t that.

Tesla’s auto wipers are known to start when they shouldn’t and don’t start when they should. The Cybertruck’s wipers were doing that, but they were also starting and stopping at the bottom rather than at the top position and just staying there.

I’m not sure if it has to do with this or if it’s completely unrelated. I expect that we will learn more in the next few days.

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Entertainment

Gordon Ramsay ‘lucky to be alive’ after bike accident

Published

3 hours ago

June 15, 2024

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Gordon Ramsay 'lucky to be alive' after bike accident

Gordon Ramsay has said he is “lucky to be alive” after a “really bad accident” riding his bike in the US.

The TV chef, 57, warned his 7.6 million followers on X and 17 million on Instagram to “wear a helmet” after the incident in Connecticut this week.

He thanked the “incredible trauma surgeons, doctors, and nurses” at the state’s private Lawrence and Memorial Hospital, but said he is “most thankful for my helmet that saved my life”.

In a graphic video, he revealed a huge bruise covering much of his torso and said: “I’m lucky to be standing here.

“I am in pain, it’s been a brutal week, but I am sort of getting through it.”

On Instagram, he referred to himself as “looking like a purple potato” but said he “did not break any bones or suffer any major injuries”.

“You’ve got to wear a helmet,” he added. “I don’t care how short the journey is. I don’t care that these helmets cost money, they’re crucial.”

He signed off by wishing people a happy Father’s Day.

“I want to wish you all a happy Father’s Day, but please, please, please wear a helmet. If I didn’t, honestly, I wouldn’t be here now.”

Ramsay became a father for the sixth time in November when his wife Tana gave birth to their son Jesse James Ramsay aged 49.

The couple, who have been married for almost 30 years, are also parents to Megan, Matilda, twins Jack and Holly, and Oscar.

Ramsay is a keen cyclist and has completed several endurance challenges, including triathlons and Iron Mans.

He came under fire during the coronavirus lockdown for travelling to his second home in Cornwall, where he would often film himself cycling long distances.