“Our client’s customer, a substantial construction products concern in California, owed our client about $1.5M.  The customer refused to pay, saying the products sold by my client didn’t work, and threatened to file a $10M litigation in California.  We said, “we’ll get back to you.”  We did, by filing a preemptive strike in federal court in Georgia, where our client manufactured the products.  The customer predictably counterclaimed.  We promptly moved to dismiss for failure to state a claim on the ground that the client’s pre-printed terms and conditions of sale barred the counterclaim.  The judge agreed with us, and in a lengthy opinion dismissed the counterclaim with prejudice and without leave to amend.  No second chance, no discovery, no trial.”

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