CMBG3 is thrilled to announce another success in a product liability matter. After four years of litigation, CMBG3 was hired in as new counsel and was able to obtain a settlement in a particularly difficult case. The true challenge arose after CMBG3’s client and the plaintiff reached an amicable settlement. Upon announcing the settlement, the opposing co-defendant attempted to invalidate it by trying to enforce questionable crossclaims and alleging the settlement was not in good faith.

With the support of attorneys Jeniffer A. Carson, Bryna Misiura, Nathanael E. Wright, and Veronica Lee, our team navigated complex motion practice to allow our client to settle the case without having to defend additional crossclaims. To achieve this goal, we drafted a Motion to Discharge under MGL 231B sec. 4 – a rarely used motion that allows for the discharge of a party following a good faith settlement. The Court found the arguments persuasive in the Motion to Discharge, and upon private review of the settlement agreement, concluded the settlement was in good faith granting CMBG3’s motion. Hence invalidating all opposition to the settlement agreement.

Furthermore, CMBG3 successfully argued against the co-defendant’s motion to compel further corporate deposition testimony and their motion to amend their complaint to assert additional crossclaims. The court found these motions without merit and agreed with CMBG3’s arguments. Consequently, the Court swiftly denied them.