I am in a lawsuit with my partner and we came to a settlement agreeable to both of us. His lawyer sent an offer to dismiss the case they filed with prejudice, as long as I withdraw my counter-claims with prejudice. I have 3 questions-
- Is there any other language I should insist on besides them saying they will file motion to dismiss with prejudice? Should I ask them to withdraw their complaint, certification, anything else - or if they withdraw with prejudice, that is adequate?
- does that leave any loopholes - can they attempt to refile again with similar claims, or should I feel confident that this is gone?
- if somehow they file, can I also refile my counter claims (which I would also have withdraw with prejudice)?
I don't tryst this guy and want to protect my interests.