I suspect Jones Day is gearing up for a bluff at the mediation.
I have said that I know little about what is happening inside I.H. I am careful not to ask questions about their business strategy or the legal case. But I have met with them and spoken with them, and I know one thing for sure. They are upset with Rossi. They are not bluffing. They believe what they wrote in the motion to dismiss: "departing from the purported test plan, ignoring inoperable reactors, relying on flawed measurements, and using unsuitable measuring devices." Perhaps they are technically wrong about that, but they mean it. It is my strong impression they intend to win decisively.
But who will blink first?
I do not think I.H. will blink. They are no mood for that.
I have no idea whether they hope to launch a counter-suit to recover the $11 million, as Abd has speculated, but I suppose they have grounds to do that. I don't know enough about the law to judge, but it seems that way to me. They talk about "counterclaims." I looked up the definition of that. It means a rebuttal. I don't think it necessarily means they intend to file a counter-suit, but I wouldn't know.
QuoteCounterclaim: an opposing claim; especially : a claim brought by a defendant against a plaintiff in a legal action
I think Rossi was a fool to file this lawsuit. He should have taken the $11 million and quietly gone off to Sweden, where he is trying to fleece a new group of investors. I think Penon was a fool to sign off on that ridiculous data. I expect they will both be in serious trouble, soon. Starting next Friday.