At this point, every trial listed in our last jury trial update has been continued or delayed, almost all due to coronavirus concerns. Here is the breakdown:
- January 25, 2021: Novel Drug Solutions, LLC et al v. Harrow Health, Inc., C.A. No. 18-539-MN (D. Del.) (Noreika, J.): After a joint request to delay trial due in part to coronavirus issues, this trial was "continued to dates TBD."
- February 17, 2021: U.S. v. Joanna L. Crane, C.A. No. 20-51-CFC (D. Del.) (Connolly, J.): This trial was continued for reasons unrelated to COVID-19.
- February 22, 2021: U.S. v. Davine Boyce, C.A. No. 20-43-CFC (D. Del.) (Connolly, J.): Delayed due to coronavirus concerns, at the request of the parties.
- February 22, 2021: TQ Delta LLC v. 2Wire Inc., C.A. No. 13-1835-RGA (D. Del.) (Andrews, J.): The parties filed a letter in which plaintiff sought to maintain the trial date but defendant asked for it to be removed, citing coronavirus risks. Judge Andrews determined that a "Jury trial on Feb. 22, 2021 is not feasible. Trial is cancelled."
- February 22, 2021: Finjan LLC v. Rapid7, Inc., C.A. No. 18-1519-MN (D. Del.) (Noreika, J.): Judge Noreika canceled the trial at the parties' request, due to coronavirus concerns.
- March 2, 2021: United Access Technologies, LLC v. AT&T Corp., C.A. No. 11-338-KAJ (D. Del.) (Jordan, J.): The Court advised the parties earlier this month that the March 2, 2021 and March 22, 2021 scheduled jury trials in this action and a related action would be "re-set due to ongoing COVID-19 measures and will not take place before July 12, 2021 at the earliest."
That covers all jury trials scheduled for January, February, and the first week of March that I know of. The next scheduled jury trials on the Court's calendar are:
- March 8, 2021: U.S. v. Smith, C.A. No. 20-26-CFC (D. Del.) (Connolly, J.): The parties have filed a proposed "Covid-19 Specific Questionnaire" for jurors, and the Court approved it at the end of last week, so it looks like this trial is still set to go forward.
- March 15, 2021: Baxalta Inc. v. Bayer Healthcare, LLC, C.A. No. 17-1316-RGA (D. Del.) (Andrews, J.): Judge Andrews rescheduled this patent jury trial once already, back in August. There is no indication yet on the docket that this won't go forward.
- March 22, 2021: Cathy Mosher v. ABB, Inc., C.A. No. 18-410-LPS (D. Del.) (Stark, J.): The jury trial in this asbestos litigation (removed from state court) is still scheduled to go forward, although there hasn't been much activity on the docket this year.
- March 29, 2021: Jenna Finney v. Cadia Healthcare, LLC, C.A. No. 19-1138-RGA (D. Del.) (Andrews, J.): This jury trial is still on the calendar, for an alleged civil rights violation, but there has been little activity on the docket.
That's it, through the end of March. I'm not going to guess about whether these will go forward.
In the meantime, of course, bench trials and other proceedings that can be held remotely have continued mostly unabated.
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