Last week I penned – “Biting the Hand that Feeds You – Primus Sues Walmart and Frontera:”
I have been accused of beating up on Primus a bit too much recently. So, I have to give it some credit for doubling-down on fighting back. I am just not so sure it is a good business model in the long-term. In its answer to the plaintiff Onsager’s complaint in Montana Federal Court, Primus includes in its Answer and Cross-Complaint the typical defense (among the 23 total defenses asserted) alleging that the damages the plaintiffs have suffered were caused by others, including Walmart and Frontera, and that as a result, liability “should be apportioned according to their respective degrees of fault.”
So, it came as a pleasant surprise when Primus Group, Inc.’s Notice of Voluntary Dismissal of Its Cross-Claims Against Walmart Stores, Inc. Without Prejudice landed in my inbox. Dismissing its claim against Walmart showed a level of business sense and common sense that has been lacking in this litigation.
A moment of clarity indeed! Perhaps this is the beginning of a change of heart for a company heretofore focused on its own self destruction?