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lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25386
Experience:  Attorney with over 35 years of business experience.
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We sent a letter to opposing counsel re: their spoliation of

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We sent a letter to opposing counsel re: their spoliation of evidence, etc for our Jury Trial - heard nothing back for 4 months, we just received a Settlement Offer requesting that we BOTH agree to "walk away" from plaintiff's claims & our counter-claims = dismissal with prejudice. This was a surprise after 3 years of litigation. As pro se defendants we really do NOT want to litigate a Jury Trial - BUT, they are attorneys representing a $13 Bill company in a $100K+ lawsuit against us - and now they are asking that we simply BOTH stipulate to a dismissal with prejudice & "walk away" (?) Seems somewhat suspicious, is there anything we should be careful of, here ?
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Since you are the defendants, this appears to be an excellent offer. A dismissal "with prejudice" means that the case is over forever and you cannot be sued again over the same issues. Since you do not want to go to trial, then a dismissal seems to be absolutely in your favor. I don't see anything that you should be careful of as long as you understand that you are also dismissing your counterclaims.

When a lawsuit is dismissed with prejudice, the court is saying that it has made a final determination on the merits of the case, and that the plaintiff is therefore forbidden from filing another lawsuit based on the same grounds.
http://www.nolo.com/dictionary/dismissal-with-prejudice-term.html
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