Case Context:

• Nature: Complex, long-standing litigation involving multiple trial phases and appeals.
• Current Appeal: NOVA seeks relief related to procedural and pre-trial decisions for the Pool Remand phase of the trial.

Key Issues and Decisions:

1. Permission to Appeal:

   • Grounds A & B (Misinterpretation and unfair processes): Permission not required; appeals can proceed as of right.
   • Ground C (Pre-trial timing and fairness issues): Permission required but denied due to:
     • Lack of a significant legal question of general importance.
     • Low likelihood of success.
     • Risk of undue prejudice to the trial's progress without proportional benefit.

2. Stay of Proceedings:

   • NOVA sought to halt the Pool Remand trial pending appeal, arguing unfair discovery processes would cause irreparable harm.
   • Denied based on:
     • Insufficient evidence of irreparable harm (e.g., financial harm was compensable).
     • Balance of convenience favoring continuation of trial.
     • Appellate courts generally defer to trial judges' discretion in managing proceedings.

3. Expedited Appeals:

   • Request for expedited handling denied to avoid procedural burdens and conflicting judgments.

4. Procedural Matters:

   • Other procedural requests were adjourned without resolution.

5. Costs:

   • Costs awarded to Dow as the largely successful party. Specific amount not provided.

Conclusion:

• Appeals on Grounds A and B allowed to proceed.
• Appeal on Ground C dismissed.
• Trial proceedings to continue without delay.