SES vs Intelsat: Judge defers witness statement
February 3, 2022
Judge Keith Phillips, who is supervising Intelsat’s Chapter 11 bankruptcy exit as well as on-going litigation between SES and Intelsat over the division of the FCC’s C-band incentive payments, issued some key rulings in court on February 2nd.
Phillips ruled that James Murray could be called as a witness on behalf of Intelsat and would argue that any damages payments ultimately made to SES are liable to be discounted by perhaps as much as 8 per cent. However, SES succeeded in with its request that Murray’s evidence be deferred in consideration of the discounting question until after the claim trial is complete, and thus afford SES an opportunity to depose Murray and to offer its own expert witness.
The SES argument before Phillips added: “Irrespective of whether the discount-rate issue is deferred, a final resolution of SES’s claims will require additional negotiation between the parties and/or additional proceedings before the Court because Intelsat has already agreed to defer its objections to SES’s separate expense reimbursement claims until after SES’s other claims are resolved.”
The full trial between the two litigants will start on February 7th.