Roig WIN on an Underpayment Claim
How did Daniel Petri, Miguel Roura and Peter Nayrouz win on an underpayment claim?
This lawsuit was originally to be included in a batch settlement agreement with the Plaintiff’s counsel. Upon their expert instincts, the Roig Team removed the suit from the batch settlement agreement as the Plaintiff had provided a statement of particulars which narrowed the scope of their claim to a single issue which our client would likely win on. More than one year after the Plaintiff filed their original statement of particulars, and after our Roig Team had responded to their statement and served the Plaintiff with a Motion for Sanctions, the Plaintiff attempted to amend their statement of particulars to change their underpayment claim on this suit.
They then filed a motion to strike their amended statement of particulars arguing that the Plaintiff did not abide by the rules of civil procedure related to amended pleadings and that they were attempting to change their underpayment argument more than one year into litigation on the original underpayment argument. Two days before the scheduled hearing on our Motion to Strike, the Plaintiff agreed to dismiss the lawsuit with prejudice.
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