Louis J. Rizzo Helps Client Dispute Damages and Recover Litigation Costs Against Plaintiff

RRD Partner, Louis J. Rizzo successfully concluded a jury trial in Delaware Superior Court in January. Mr. Rizzo represented a commercial client who disputed the damages claimed by the plaintiff in the suit. Efforts at resolving the dispute through mediation were unsuccessful. Through use of the Offer of Judgment Rule, Mr. Rizzo strategically positioned the matter for trial in a way that would shift risk to the plaintiff. The plaintiff’s rejection of the client’s reasonable settlement offer put the plaintiff at risk for all of our client’s litigation costs, if the plaintiff failed to achieve a damages verdict in excess of the amount of the rejected settlement offer. The jury returned a verdict below the Offer of Judgment amount that our client had tendered. Thus the trial, and the pretrial settlement strategy, were a complete success for RRD’s client. The client’s reasonable assessment of the amount in dispute was vindicated by the verdict , and the client is now in a position to recover costs against the plaintiff.