Everything is Seth's fault, I suppose he should have known the jury rules. He always stated he wanted a jury a trial, so saying he all of a sudden wants it is not correct.
I doubt it will matter either way, Cowan will be a big loser. Most likely the insurance company will sue Herzog and Leclaire Ryan when it is over. That may be why Cravath is involved.
Wouldn't be the first time Leclaire forked over big cash.