Walgreens Boots Alliance Inc (WBA)

[Prudent Capitalist]

In response to your question quoted below:

Now how does a judge do this in a jury trial ?

The Judge has control of any jury trial, including what evidence can be presented to the jury. At this stage, the judge can seal certain documents, evidence and other information in order to protect against unnecessary public disclosure of confidential and proprietary information. Not to mention that there is the issue of potential tainting of the potential jury pool. WAG has obviously filed Motions to address these issues, which will be heard by the Court (judge).

Throughout the proceeding and progression of the claim the judge can, if warranted, dismiss certain portions of the action or claims which will not be tried or submitted to the jury for a variety of reasons, depending on the issues and legal authority to support it.

And, The entire case could potentially be dismissed on Summary Judgment and never go to a jury trial; or the Judge could dismiss the action after plaintiff's (Miquelon's) evidence, i.e. take the case from the jury, or dismiss part or all of it at the conclusion of all evidence. All of these things are possible, or the entire case could ultimately be submitted to a jury, in which event the jurors will receive detailed Instructions which direct the jury as to how they must find, if they determine the evidence establishes, or does not establish, certain critical factual elements of the claims asserted in the pleadings.

In any event, there is no guarantee that the case will ever be decided by a jury. A lot has to happen though the progression of the case, the Discovery phase, and pre-trail Motions, before the case will ever be tried or be submitted to a jury.

And, the parties will likely either submit the claim to mediation at some point, or be ordered by the Court to participate in mediation, which is the manner in which most legal claims are resolved these days.