Aggressive Defense of Software Company Leads to Nuisance Value Settlement
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.
We recently succeeded in settling a case against our client, a small software development company, who was sued in breach of contract and breach of warranty for selling the plaintiff, a research company, software that was allegedly defective. After we made a formal motion to the Court seeking to compel the plaintiff to specify the defects in the software that supposedly caused plaintiff's problems, the plaintiff apparently recognized that they would have a difficult time proving their case, and therefore drastically reduced their settlement demand, ultimately agreeing to settle the case for $17,000 - less than the likely cost of defending the lawsuit.