February Jury Trials
After completing all planned December jury trials uninterrupted by COVID-19, the January docket became lighter after the Court continued several trial dates to later this year due to COVID-19 concerns. One of these continued trials, a patent case, was rescheduled to February; the Court also has three other jury trials on the calendar for next month.
In December, the Court reauthorized the use of video and telephone conferencing pursuant to the CARES Act. Relatedly, Governor Carney reinstituted a mask mandate, requiring individuals in Delaware to wear masks while in public spaces, with select exceptions.
Review of December Jury Trials
In our November update, we identified five upcoming December jury trials. Three proceeded as planned, and two were dismissed due to settlement. COVID-19 did not appear to affect any of these cases.
- 12/07/2021: Doda v. Waste Management, Inc., C.A.17-604-CFC-SRF (D. Del.): The bench trial portion of this case proceeded substantially as planned, despite Plaintiffs’ earlier reservations that Plaintiffs’ witnesses would be prevented from attending by COVID travel bans. See D.I. 197.
- 12/06/2021: USA v. Sponaugle, C.A. 19-103-LPS (D. Del.): Jury trial proceeded as planned.
- 12/06/2021: Twin Spans Business Park, LLC v. Cincinnati Insurance Company, C.A. 19-476-SB-SRF (D. Del.): This case was dismissed after the parties settled.
- 12/13/2021: Drumgo v. Kuschel, C.A. 14-1135-CFC (D. Del.): Jury trial proceeded as planned.
- 12/14/2021: Nationwide Property & Casualty Insurance Company v. Bear Industries, Inc., C.A. 19-2219-MN (D. Del.): This case was dismissed after the parties settled.
January Jury Trials
In January, three jury trials were continued, and two of these continuances were granted for COVID-19 reasons. One trademark case (Emerson) ended after a default judgment. A final criminal case is scheduled to proceed as planned at the end of January, though it was reassigned from Judge Stark to a visiting judge.
- 1/3/2022: Chugai Pharmaceutical Co., Ltd. v. Alexion Pharmaceuticals, Inc., C.A. 18-1802-MN (D. Del.): This five-day patent trial before Judge Noreika includes witnesses and attorneys traveling from Japan. It was originally scheduled to begin on January 3, 2022, but Defendant requested a continuance, citing the transmissibility of the Omicron COVID-19 variant and an expert witness who did not want to travel. D.I. 386. Plaintiffs opposed the continuance, citing the safety protocols in place and the sacrifices undertaken by its witnesses from Japan to meet the January trial date. D.I. 387. The Court ultimately reset the jury trial for February.
- 1/10/2022: ViiV Healthcare Company v. Gilead Sciences, Inc., C.A. 18-224-CFC-CJB (D. Del.): Defendant requested a continuance, which Plaintiff opposed, calling Defendant’s “significant concerns” “unsubstantiated” in light of the Court’s December 27, 2021 Oral Order on COVID-19 jury procedures. D.I. 429. The Court ultimately rescheduled this case to 5/2/2022.
- 1/18/2022: Shabazz vg. Delaware Department of Corrections, C.A. 16-570-RGA (D. Del.): The parties agreed to seek a continuance to return to mediation, and COVID-19 was not mentioned. D.I. 224.
- 1/24/2022: Emerson Radio Corporation v. Emerson Quiet Kool Co. Ltd., C.A. 20-1652-LPS (D. Del.): This trademark trial was long-planned for January 10, 2022 but was pushed to January 24, 2022 at the Court’s request. D.I. 213. Later, the clerk entered a default after the withdrawal of Defendants' counsel, so it looks like this trial will not be going forward.
- 1/31/2022: USA v. Bacon, C.A. 18-0075-LPS (D. Del.): This case was reassigned from Judge Stark to Judge Joshua D. Wolson of E.D. Pennsylvania. D.I. 313, but the jury trial for this criminal case is still scheduled to proceed at the end of January.
Upcoming February Trials
Presently, there are four jury trials on the February calendar. However, at least one remaining jury trial may be postponed, given that two civil rights cases (Deshields and Spahr), both before Judge Noreika, are due to overlap.
- 2/7/2022: Skeans v. Key Commercial Finance LLC, C.A. 18-1516-CFC-SRF (D. Del.): Chief Judge Connolly advised the parties that this February jury trial date would remain in place, even if the parties did not consent to referral to a magistrate judge. (Dec. 6, 2021 Oral Order). The parties declined to consent, and the jury trial for this fraud case remains on the calendar. D.I. 115.
- 2/14/2022: Chugai Pharmaceutical Co., Ltd. v. Alexion Pharmaceuticals, Inc., C.A. 18-1802-MN (D. Del.): This five-day patent trial before Judge Noreika has been rescheduled from January 3, 2022 to February 14, 2022 for COVID reasons. See above at 1/3/2022.
- 2/14/2022: VoterLabs, Inc. v. Ethos Group Consulting Services, LLC, C.A. 19-524-MAK (D. Del.): The parties stipulated to dismiss this case.
- 2/22/2022: Deshields v. JR Rents Inc., C.A. 20-1626-MN-SRF (D. Del.): This civil rights case is scheduled for a four-day jury trial before Judge Noreika. D.I. 11.
- 2/23/2022: Spahr v. Collins, C.A. 19-113-MN (D. Del.): This civil rights case is scheduled for a three-day jury trial before Judge Noreika, and there is no indication in the docket that it will not proceed as scheduled. D.I. 54 (“deadlines are not optional and litigants may not bypass Court deadlines by stipulating to an extension after the deadline has passed”); D.I. 21. However, because this trial overlaps with the Deshields trial, both before Judge Noreika, one of these trials may be postponed.
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