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Xcoal Trial Derailed by "Anonymous Letter," like "Something Out of a John Grisham Novel"

Andrew E. Russell, Aug. 26, 2020
Trial Litigation

Artist's rendering of the
Brando Makes Branding, Unsplash

The trial in Xcoal Energy & Resources v. Bluestone Energy Sales Corp., C.A No. 18-819-LPS (D. Del.) was adjourned this morning following receipt by the parties of an "anonymous letter." The trial had started yesterday, after the Court previously overruled Xcoal's due process objections to a remote trial.

All of the discussion of the letter was at sidebar, so its contents are not yet public. But it must be something interesting!

The parties had asked for a sidebar immediately after opening statements yesterday. Counsel mentioned that the situation is like "something out of a John Grisham novel."

At the sidebar, they read the "anonymous letter" into the record, and both parties …

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Another Jury Trial Postponement

Andrew E. Russell, July 20, 2020
COVID-19

COVID-19
COVID-19, CDC/Hannah A Bullock; Azaibi Tamin

Last week, in between Judge Stark's postponement of the Sunoco trial and the Court's extention of its ban on jury trials, Judge Andrews also postponed a scheduled August 18 jury trial, without setting a new trial date:

ORAL ORDER: The jury trial scheduled for August 18, 2020, is POSTPONED. Ordered by Judge Richard G. Andrews on 7/15/2020. (nms) (Entered: 07/15/2020)

ChanBond, LLC v. Atlantic Broadband Group, LLC, C.A. No. 15-842-RGA, D.I. 513 (D. Del. July 15, 2020).

He continued the trial after defendants' counsel filed an essentially unopposed request based on rising COVID-19 rates, the importance of live testimony, and the fact that plaintiff is an NPE.

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D. Del. Extends Jury Trial Ban Through August 31

Andrew E. Russell, July 17, 2020
COVID-19

The District Court today extended its ban on jury trials through August 31.

Chief Judge Stark had previously scheduled at least one jury trial for early August, but then rescheduled it after plaintiff raised fairness questions and pointed out the continued rise in the number of COVID-19 cases.

The Delaware state courts are likewise still in Phase Two of their reopening plan (no jury trials). Yesterday Law360 also reported that the Court of Chancery pushed this months' Tesla/SolarCity 10-day bench trial out to 2021 due to Coronavirus safety concerns.

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