countersue

Its not bad luck its people, everyone in America thinks the best way to make a buck is to sue everyone you come in contact with.

I usually pay 1 of 2 lawyers to handle these clowns. FU letters run me about $500 a pop and usually make them and their lawyers go away.

No trial date yet, we just finished depositions, we are just starting discovery and trust me, based on the deposition from this clown we may petition the judge once again to dismiss.

I am going to take a couple of days and sort this out in my head and try to come to grips with where I should go from here.

From a business standpoint cut and run but the Italian in me says fight to the end. Sometimes the Italian in me gets the better of me.

Usually the written discovery and document requests are done first, then depos. If you are finishing with depos, you should be good to go shortly. IMO, to get the case resolved as quickly and for as little as possible, try to get a trial date ASAP.

If his case is very weak or has no merit, the trial date is what will eventually bring him to the table.

If the depos went really well, maybe you can get the case tossed on summary judgment? You need to be careful with that, though. Most wishy washy judges don't like to grant them, and if you bring one and lose, then you've spent a lot of money, and likely emboldened your opponent even further.

Good luck.