By Memorandum Opinion dated January 5, 2010 (PDF) drafted by Judge Farnan, the Court denied Plaintiff Dow Chemical’s motion for an expedited separate trial on the amount of its damages after concluding that bifurcation of Dow Chemical’s damages claims and defendant’s counterclaims would not promote the efficient adjudication of the parties’ dispute.

In the opinion, Judge Farnan found:

"there is potential overlap of background material and witnesses with regard to the trial of the facts and the issues.  Thus, [t]he Court is not persuaded that given this clear overlap separate trials will promote any efficiencies."

The Court granted Dow Chemical’s unopposed request for leave to file a supplemental summary judgment brief on the amount of its damages.