A Los Angeles Superior Court judge is weighing whether alleged juror misconduct and trial exhibits that Johnson & Johnson says failed to prove punitive damages necessitate tossing a record $417 million talcum powder verdict.

At a hearing on Thursday, Judge Maren Nelson asked both sides whether granting a new trial was “mandatory under existing case law” should she find juror misconduct tainted the Aug. 21 verdict. She appeared to focus specifically on Johnson & Johnson’s allegations that jurors shouldn’t have included attorney fees and taxes into their calculation of damages.