CRG
and NAVB jointly filed a status report. They anticipate the pre-trial presentation on Monday (08/22) will take no more than 30 minutes and
that the trial on Friday (08/26) will require 1/2 day for each side for a total of a 1 day trial.
The status report included a long list of documents that the parties
agreed could be introduced as evidence without objection and a witness list for each side,
mostly attorneys + Erika Eves for Navidea.
CRG
filed a response addressing most of NAVB's legal
issues but has been totally silent on the question of whether the
court committed a reversible procedural error by awarding attorney fees as damages in a prior summary
judgment proceeding. CRG continues to jump up and down pounding the table and shouting that all of the litigation instigated by NAVB since the 2017 trial has been frivolous and vexatious and designed only to force CRG to pay attorney fees and costs. This completely ignores the findings of the OH judge who ruled that NAVB was entitled to recoup over $5MM (including interest) from CRG. That decision was overturned when the OH appeals court found that the trial court lacked jurisdiction. Although NAVB's brief relies on law, Erika will be able to testify to the fact that NAVB never received credit for the $4.1mm that CRG swept from it's account and that all NAVB has been wanting in all of this "frivolous" litigation was to get the credit it was due and never received. The OH judge, who was the mediator for the GSA and thus had personal knowledge of the negotiations that lead to the GSA, stated on the record that NAVB was entitled to claim this credit and that the TX judge was in error.
