Thanks, but I don't really think that answers my question. NEC settled. Our claims are dropped. NEC is dropped from this litigation. What value has an "open" counterclaim in an action that is settled between the parties, and dropped by the court? Certainly the settlement language prevents further action by either party. Maybe not? Is that what you're suggesting (i.e., IF the defendants prevail in court, NEC could act to retrieve the settlement monies?)?

Perhaps someone with access could look to the Pacer filing language when Fujitsu settled re: prejudice on counterclaims.

I'm just wondering if we're getting all worked up over nothing, or something. It seems to me that there is no threat, or at least no threat unless we lose in TX, in which case the game is over anyway (sans appeals).

Have you come to any conclusions re: my other question (NEC hold outs)?

Thanks, your reply and thought is appreciated.

SGE