February 13, 2024

Win-Win: John P. Campbell Obtains Judgment Prosecuting Case for Client While Simultaneously Obtaining Dismissal in Second Action Defended

John P. Campbell, Partner and Commercial Litigator, recently obtained a favorable judgment for his client following another party’s attempt to renege on a prior settlement agreement. Simultaneously, Campbell obtained a voluntary dismissal of a second lawsuit against Schenck Price’s client for claims related to the settlement. 

Schenck Price’s client provided a loan to a former employer who stopped making payments and ultimately defaulted. Litigation was commenced and settled with payment terms provided to the former employer. The first settlement payment was made, but the former employer failed to make the second payment. During the initial settlement negotiations, Campbell obtained a Consent Judgment, which was filed shortly after the former employer missed the second payment. The former employer then filed a second lawsuit claiming Schenck Price’s client violated the settlement agreement as well as several motions seeking to stay and vacate the Consent Judgment filed by Campbell. Ultimately, after obtaining critical non-party witness statements, serving frivolous litigation letters upon adverse counsel, and successfully defeating the former employer’s motions, Schenck Price’s client was paid in full, and the second lawsuit was voluntarily dismissed before an answer was filed.