So Fabiani was actually wanting to assist IH in solidifying and improving the plant in preparation for a more marketable, lower cost, and more reliable plant!
I went through the same interpretive process. However, IHFB then jumps to the opposite conclusion. It's not odd that he would do that, and assuming good faith is normal. However, the context is now that Fabiani refused or failed to provide what IH wanted, which was not his conclusions nor necessarily his advice, but his data and knowledge and experience, which he was contractually obligated to provide. They paid him $10,500 per month for this, and at the end, he's asking for continued payment and the IH rep says, basically, we will trade a check for the data you promised, and he disappeared, it seems.
This is will look very simple to a jury: Fabiani was Rossi's friend, not what Rossi presents in his Complaint, an "IH representative," though, yes, part of his job was to report to IH. But where would his loyalty be? He got the contract with IH, it's obvious, because Rossi wanted him to have it and requested that. Unless something else shows up, Fabiani had information that, if he provided, could impeach -- or help impeach -- the Rossi claims. His friend's claims. So he split. Not complicated to understand at all.
This is easily rebutted if the evidence to rebut it exists. And in a lawsuit, if you think something might be true, you allege it. It's normal. Look what Rossi alleged, as to fraud, derived from the bare fact that he had not been paid -- and in fact, it is a surety that he was informed he would not be paid. The lawsuit was filed the day before the payment became past due. To prepare the case required how long?
Annesser was already acting as his attorney, because Jones Day made the demand for patent assignment to Annesser in February. They already had a legal dispute going. At a time when Rossi was denying that there was any problem with IH, on JONP. Rossi lies routinely. He could have simply not made a comment. "I do not comment on private arrangements or even disputes with my partners." That would be normal business.
But Rossi does not do ordinary business, and that all has become totally obvious over the last five years.
A thought just occurred to me. Penon, as an "nuclear engineer," certified the Validation test. That took place in Italy. If IH can show fraud, Penon -- and Rossi, could be sued for and possibly charged with fraud in Italy. The plot thickens. Deja vu all over again.