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Technology Stocks : How high will Microsoft fly?
MSFT 478.53-1.0%Dec 12 9:30 AM EST
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To: t2 who wrote (24863)6/24/1999 6:21:00 PM
From: RTev   of 74651
 
In the Seattletimes story i posted earlier, MSFT was given the choice of jury or judge and they selected to have the case decided by a judge.(can someone confirm this?). If they knew it would be Jackson, why would they choose this route?

Juries often make terrible decisions in these kinds of cases. Once they've made a decision, however, it's difficult to get it overturned. I once worked (as staff) on a case where every appeals court from the state's, to the federal circuit court (twice), and the the Supreme Court, noted that the jury had probably made an errant decision on the facts, but the courts refused to overturn the jury. Several stories have noted that appellate courts are more likely (but still reluctant) to review findings of fact made by a judge.

Another problem is time: We'd still be in the middle of the case in main if this were a jury trial. They wouldn't have been able to use the trick of giving written direct testimony. They would probably have had to read to the jury all the of deposition testimony submitted as evidence.

And then there's Boies. The press loved to watch him in this trial because they knew that when he stood in front of a witness (especially a hostile witness) that there would be fireworks. I suspect Microsoft didn't want to have him standing in front of a jury.
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