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But, in that time, she had occasion to witness the nuances of trial testimony and evidence proffers that most certainly do not show up in the appellate briefs. Those nuances are one of the primary reasons why the appellate courts accord such deference to jury findings. But, here, she found their decision to be lacking, unlike the other two judges on the panel, who affirmed the result reached by the jury. I was actually in the room during a portion of the “Blurred Lines” trial, sitting aside music industry professionals and journalists. We sat rapt in the gallery, watching the witness testimony and expert presentation. When the court took its afternoon break and the gallery spilled out into the hallway, each and every person that had witnessed the session and to whom I spoke, many of which had seen much or all of the trial to that point, was convinced that the Gaye family would prevail. Being in the room makes all of the difference. That is why the jury trial is such a sacred thing, and that is why jury verdicts should be accorded deference, particularly in a case like this, which included important credibility questions. After the verdict was entered, media hubbub raged and industry “experts” trotted out various hobgoblins, disparaging juries, and claiming that this verdict would bring down the music industry.

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