(10-04-2021 11:05 PM)pesik Wrote:  

(10-04-2021 09:36 PM)bearcatmark Wrote:  Pesik's posts in this thread are going to age horribly.

you are twisting everything..

brannen is dismissing the case.. 99% chance brannen is about to get paid..

your logic is that "more is about to come out" and that's why he is throwing the case away, thats silly and non-sensical...you dont throw away your case when more bad news is coming out, it would be seen as a sign of admission of guilt (no lawyer would do that)..and would give him no chance to vindicate himself, as this case is his only chance at redemption (for what was done earlier, which is damning and what ever else UC might claim).. you let the lawyer dismiss the case, you dont do it yourslef

the only common sense here is that UC decided to pay him... i dont get how you are so smart but lose all logic when its a topic about UC

the whole no prejudice thing logic means new evidence came out in support of brannen and UC wanted to settle, but he wanted the ability to re-sue later on if uc back tracked (something theyve done to him)..why would brannen still having the ability to re-sue be a sign that uc is winning????

You never dismiss without prejudice unless you are simply going to refile. If there was a potential settlement, you would wait till to dismiss the suit with prejudice until the agreement was executed. Possible scenario is there was a federal court decision or appeals court decision that was unfavorable to the plaintiff or a great decision by Ohio Supreme or Appeals court that made the chances of success greater in state court. Plaintiff may have discovered that a different type or additional damages (e.g. an awarded of attorneys fees) are available in state court. Also, there could have been a jurisdictional issue. Maybe the plaintiff was convinced the federal claims were only ancillary to the state claims. I haven't looked at the court papers but the defendant may have been trying to move the case to state court and plaintiff simply conceded the point.

Franky, the likelihood is that this has nothing to do with the actually merits of the case.