A trial date for Andrea Rossi’s lawsuit against Tom Darden and Industrial Heat has been set. An order; filed in US District Court in Miami, states that a jury trial in the case of Rossi vs. Darden et. All is set to begin on June 26, 2017 – about a year from now.
Judge Cecilla M. Altonaga is scheduled to preside over the case in Miami Division court, Pacer Monitor reported, PacerMonitor reported. Discovery presentation of evidence in the case is scheduled to end by February 27, 2017.
This does not mean there will be a trial because Rossi and Darden could make an out of court settlement at any time. The deadline for out of court mediation in the case is scheduled to end on March 13, 2017.
The trial would settle Rossi’s charges that Darden broke a contract by refusing to pay him for his ecat low energy nuclear reaction (LENR) technology. It might also lay to reset the charges by Darden; the North Carolina investor who owns Industrial Heat, that ecat does not work.
Scheduling a jury trial date is a common tactic used to force a settlement in American lawsuits. Threatening a costly jury trial is an effort by Rossi; and his attorneys, to show Darden that they are serious. Whether Darden will submit to that pressure; remains to be seen.
A trial would be interesting because both Rossi and Darden would have to testify about their claims under oath. Rossi would have to present evidence verifying his claims that the ecat works. To that he would presumably have to reveal how it functions. Darden and company would have to present evidence that it does not.
Whether either side would be willing to go into court and testify to that effect is impossible to say. So my prediction is that this matter would be settled out of court with a financial settlement.
Will ecat Data be Exposed in Court ?
One reason why Rossi would agree to such a settlement is that he does not want to have to divulge the designs and scientific data to verify his claims about ecat in court. That might put some of his data on public record where his competitors could see it and copy it.
Other reasons Rossi would agree to a settlement; are to get funds for his manufacturing efforts in Sweden; and to keep Darden’s litigation from complication future business plans. To successfully market ecat, Rossi will need clear ownership of the technology, something he may not have with the lawsuit going on.
It’ll be interesting to see how this plays out. Happy Fourth of July to our American friends!!