My question is why then hasn't the courts ruled out Rossi's claim that it was the GPT
That is what the "Summary Judgment" phase of the trial will consider.
Rossi brought the lawsuit -> IH answered
IH brought counter suit _> Rossi / Third Party answered
Discovery phase then occurred where "everybody asked each other what evidence they were going to bring to trial"
There were dates set by the judge on this and it was over several months.
Summary judgement does not happen until after discovery has been closed and the involved parties request it.
Discovery has been completed now and IH has asked for summary judgement on either all or part of the claims, I am not 100% sure.
I think we will see Rossi's suit thrown out shortly, but that is my layman's opinion. And it has so far been asked because of spoliation of evidence from IH.
IH may be "holding back" the signed contract as a fall back, but that is speculation. I would have thought it the number one defense.
If the judge does not rule in summary judgment that the case is without merit or evidence, then the judge will dismiss the case. If they do not rule that, then
the lawsuit will go to a jury trial.