Chief Judge Stark on Friday scheduled the first post-COVID-19 jury trial that I've seen, in Guardant Health, Inc. v. Foundation Medicine, Inc., C.A. No. 17-1616-LPS-CJB, D.I. 487 (D. Del. Oct. 16, 2020). (The potential Judge Noreika trial I mentioned recently is not going forward).
The Court had offered the November 30 date late last month. The defendant objected to it due to a conflict. The defendant also argued that the jury pool will not be representative, lacking older jurors, and that holding a trial would go against CDC guidance.
The Court was not persuaded. It did, however, set the following restrictions:
- No live witnesses: The Court accepted a proposal that since not all witnesses can testify …