Yes, and what you say may happen. If a jury trial ever happens, which if memory serves plaintiffs asked for a bench trial (judge only), although there may be other venues attempting to go to a jury trial.
AIG was successful in using Paulson’s, Geitner’s, etc., words against them and the jury ruled in favor of the plaintiffs. I think a jury would be better than a bench trial. Who knows? I’ll keep monitoring …