The non-jury trial to resolve the dispute between INTO and University of South Florida (USF) still looks set to go ahead tomorrow (Friday 9 October) and is slated for eight days until Wednesday October 28th. Both sides have lodged their pre-trial statements and the in limine motions to determine specific evidence that can be included are decided. At stake is INTO’s claim of $74m lost profits “when adjusted to the time of trial” and USF’s counter-claim for “teach-out” costs.
The most recent decisions made by the judge were on pre-trial motions:
- From INTO to “..prohibit any reference by USF to international student enrollment data and changes to market conditions for higher education in the United States after Fiscal Year 2023.”
- From USF to exclude “..evidence, testimony, and argument concerning USF’s motive or intent in terminating the project agreements”
The outcome, summarized in a single document, was that the INTO Motion was denied and the USF motions was granted in part “..for the remaining claims contained in Counts II and IV for breach of the agreements.” The USF Motion was “otherwise denied.”
The trial turns on determining whether USF terminated the contract for the Pathways Agreement appropriately. Their claim is that the termination was permitted “..if one of the parties to the contract was insolvent or demonstrated a material adverse financial position” and that “..the Company fails all three alternative tests of insolvency under federal and state law”. INTO’s claim is that “The Joint Venture was not insolvent.”
We are currently at 943 documents in the case Document Index and there is plenty of specific documentation in advance of the trial. Even after the trial there may be more paperwork to come. The Supplemental Trial Order says, “Proposed orders and closing briefs shall be submitted to the Court no later than a (sic) 20 days after the completed trial transcripts are received.” And that’s all before any potential appeals.
There is, of course, a lot more underlying detail and anybody interested should seek out the publicly available documentation for case 22-CA-006001at Hillsborough County Clerk of Courts portal.
Image by andreas160578 from Pixabay