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>Anthem attorneys also alleged that Miller "prejudiced the jury by repeatedly referring to large monetary amounts and alleged damages against the Court’s order to reserve that aspect of the case for the damages phase of the trial."
>The court had broken down issued that resulted in the trial taking place into several portions in order to keep it simplified for the jury - liability, damages, and punitive damages, so the jury could rule on them separately. They could, for example, decide Anthem was responsibile but that there were damages but no punitive damages.
>Anthem cites in their motion that Jarrett's attorney kept bringing up financial numbers and potential damages despite being instructed by the court not to do so.
>During his closing argument, Miller stated, "The production costs were, in reality, based on [Ed Nordholm's] testimony, over $100,000 per hour of content. That means just to produce the 12 hours of content would have cost Anthem $1.2 million. The benefit of saving $1.2 million dollars was huge. Anthem wants you to believe it could have replaced the content for $25,000 an hour. But they don't tell you how they came to that number. Mr. Nordholm told you he left out paying for talent. He told you he left out paying for lighting. He told you he left out paying for everything else involved in creating new content."
>This led to Anthem's attorneys objecting as they were dealing with the liabilities portion of the case, not the damages. Judge Crenshaw responded, “Okay. Noted. This -- ladies and gentlemen, this is closing argument. It is not evidence. And I'll give you further instructions on that when I give you the jury charge. Go ahead.”
>However, according to Anthem, Jarrett's side kept "continued to make statements regarding evidence the Court had ruled to be inappropriate for this phase of the trial. Mr. Miller repeatedly stated that Anthem saved a lot of money from using the content at issue and that Defendant never paid Plaintiffs for the use of such content and intellectual property. These statements were so prevalent and problematic that the Court, in the middle of Mr. Miller’s closing argument, had to order the jury to leave the room and admonish Mr. Miller."
>Court records indicate Crenshaw did indeed admonish Miller, telling him, "Mr. Miller, you've gone too far. This is on liability only. I gave you some leeway, but now you're continuing to come back to the issue of what money is due. Repeatedly. Now, either I can clean it up or you can clean it up, but it needs to be cleaned up. … We're only on liability. So there's no need for your continued argument about what money is due. It's just not. … [Y]ou're not in the damages phase now. And you're specifically and over and over again asking the jury to make a decision on liability because they're due something. We're here only on the theories that you've put forth and whether or not any of those theories have been established by preponderance of the evidence."
>The jury, who had been removed before Crenshaw's comments to Miller, were brought back into the court room and told, "Ladies and gentlemen of the jury, I want to share with you that in the instructions that I'll give you, you will learn that the case right now is only on the claims of the plaintiff against the defendant and the defendant's claims against the plaintiff. And that's the decision that I'm going to ask you all to make. Whether or not the plaintiff or the defendant may or may not be entitled to anything depends on your decision that -- that I'll give you on the first stage of the case. So, therefore, what the lawyers are telling you now, first of all is, is not evidence. You've heard all the evidence. And you'll be the judges of how much weight to give to the evidence you've heard. And I'll give you instructions that you can consider all of it, some of it, or none of it at all. But what the lawyers -- as I told you in the beginning say -- is not evidence. So they may make reference during their closing to things that are not at issue here at this point. And to that extent you have to follow the instructions that I'll give you, as I told you when you were selected, whether you agree with those instructions or not. So with that, Mr. Miller, you have a few minutes left."
>Despite those instructions, Anthem has argued that Miller had prejudiced the jury against them with his statements, writing, "The totality of the circumstances shows that Mr. Miller’s improper conduct created a reasonable probability that the jury would influence the verdict and a new trial should be granted."
>Anthem is also arguing that jury instructions given were incorrect due to the breaking apart of the three portions they were to rule on - liabilities, damages and punitive damages. While the jury instructions were to simply focus on the liabilities, according to Anthem's legal team, "the instructions submitted by the parties that explained the consequences of finding willfulness and the purpose of making such a determination—the award of punitive damages—was withheld from the jury. Similarly, the verdict form simply asked whether the jury found that Anthem Wrestling acted with the requisite mental state but did not notify the jury of the consequences of such a finding."
>Now, the response from the Jarrett side, which was filed this morning.(cont)