risky decision to sue your presumed victim
Two words - "preemptive strike".
Some have stated that Rossi suing IH is proof (or at least extremely strong evidence) that he has what he claims. Otherwise, why would a scammer bring the courts into play where he surely will be found out? A good argument? In many cases, most certainly...... except.....
We must also consider the evidence that has shown the relationship between Rossi and IH broke down fairly early. Possibly as early as fall of 2015 and certainly by December of 2015. I find it very logical that Rossi understood that IH had found out about the fraud and also that the 10.5 million payment was likely based on fraudulent activity as well. He assumed IH was going to sue him for recovery of that 10.5 million.
So he preemptively sued IH. He filed the lawsuit before the payment was even due. The best defense is sometimes a strong offensive maneuver. (Not that I think this wise or moral) However, Rossi thinks only has Rossi does! He may be delusional, but I expect that he thought that by suing first, he would be in a better position to negotiate a settlement. If he waited for IH to sue him, knowing all the fraud facts, he was "dead in the water". (Not sure where that phrase comes from!)
What seems to be the case, is that IH was not interested in settling out of court and has decided to pursue this drama to the end and "crush the tests" as Mr. Darden alluded to.
To answer Mr. Gluck's reasoning of "why did they wait the whole year before complaining", is quite obvious. Number one, they did not. IH is professional and they do not air the laundry on some public forum. It could also have legal repercussions. Information has been revealed that they DID "complain" about the situation early on. So much so that they brought on Murray in addition to their existing engineer. Also, there was a terms agreement for the sale of heat that was signed by both parties. I can assume that the best legal position would be to let the dates of the term sheet to play out, but I am not a lawyer in this.
So, in my opinion, not using conspiracy nor theories that require logic to be discarded, there is very good reason why Rossi sued first and why IH did not sue in August of 2015. But then what do I know?