Symmetry Financial Group is an insurance marketing organization operating within the Quility family of companies. Interest in the Symmetry Financial Group lawsuit has increased in 2026 because several separate legal matters have involved the company, including federal litigation alleging RICO violations and earlier cases involving the Telephone Consumer Protection Act (TCPA).
People researching the company are also looking for answers about unwanted calls, recruiting practices, agent expenses, settlements, possible compensation, and whether any class action currently exists. Those questions involve different lawsuits and different types of allegations, so they should not be treated as one nationwide case.
This article examines the major publicly identifiable cases, explains what plaintiffs have alleged, and separates court filings from consumer complaints and online opinions. A lawsuit filing is not a finding of wrongdoing, and allegations remain allegations unless established through evidence, judgment, or another legally binding resolution.
What Is the Symmetry Financial Group Lawsuit?
The phrase Symmetry Financial Group lawsuit can be misleading because it does not describe one single lawsuit. Public federal records show multiple legal proceedings involving Symmetry Financial Group, with different plaintiffs, allegations, jurisdictions, and procedural histories.
One of the most notable 2026 matters is Witherell v. Quility Insurance Holdings, LLC et al., filed March 17, 2026, in the U.S. District Court for the Western District of North Carolina. The federal docket classifies the action as a Racketeer/Corrupt Organization case and identifies 18 U.S.C. § 1962, part of the federal RICO statute, as the cause of action.
Separately, Symmetry has been named in TCPA litigation. For example, Long v. Symmetry Financial Group, LLC was filed in Florida federal court in September 2023 under 47 U.S.C. § 227. Other TCPA-related cases have followed.
These cases should be evaluated independently. A RICO allegation involving alleged business conduct is legally different from a TCPA claim concerning telephone calls or text messages.
Why Has Symmetry Financial Group Faced Legal Action?
Legal action involving Symmetry has arisen from more than one type of dispute. Federal court records show litigation concerning telemarketing practices as well as more recent claims connected with alleged business practices.
TCPA plaintiffs have alleged conduct involving telephone solicitations. Earlier litigation, including Escano v. Symmetry Financial Group of North Carolina, LLC, involved allegations that unsolicited insurance-related telemarketing calls were placed to a number registered on the National Do Not Call Registry.
Other disputes concern relationships with agents or contractors. The 2026 RICO filings represent a different category of litigation and should not be interpreted as extensions of the TCPA cases.
Online complaints add another layer. Consumers and former or prospective agents have raised concerns about repeated calls, recruiting, commission-only work, lead purchases, and expenses. Those reports may provide context, but complaints posted online are not court findings and do not independently establish legal liability.
Symmetry Financial Group Lawsuit Update 2026
As of August 2026, there is no single nationwide lawsuit that encompasses every allegation or complaint associated with Symmetry Financial Group.
A significant recent case is Witherell v. Quility Insurance Holdings, LLC et al., filed March 17, 2026. Walter David Witherell II brought the case in federal court in North Carolina, and the docket identifies RICO as the cause of action. Summonses were issued and reissued for defendants during March 2026.
A separate RICO action, Brooks v. Quility Insurance Holdings, LLC et al., was filed March 10, 2026. In April, the court denied plaintiff Jackson Young Brooks’ request for a temporary restraining order and preliminary injunction. That ruling concerned preliminary relief and should not be interpreted as a final determination of every underlying claim.
Earlier TCPA litigation also forms part of the broader legal picture.
| Case | Filing Date | Primary Issue |
|---|---|---|
| Witherell v. Quility Insurance Holdings et al. | March 17, 2026 | RICO allegations |
| Brooks v. Quility Insurance Holdings et al. | March 10, 2026 | RICO-related claims |
| Bennett v. Symmetry Financial Group et al. | March 6, 2025 | TCPA |
| Crews v. Symmetry Financial Group et al. | February 5, 2025 | TCPA |
| Long v. Symmetry Financial Group | September 22, 2023 | TCPA |
The existence of these cases does not establish that Symmetry or the other defendants violated the law. Each matter depends on its own pleadings, evidence, defenses, procedural rulings, and eventual resolution.
Witherell v. Quilty Insurance Holdings and Symmetry Financial Group
The relevant federal docket identifies the case as Witherell v. Quility Insurance Holdings, LLC et al. The spelling in the docket is “Quility.” It was filed in the Western District of North Carolina under case number 1:2026-cv-00082.
The docket classifies the nature of the suit as “Racketeer/Corrupt Organization” and identifies 18 U.S.C. § 1962 as the cause of action. A jury demand was also made by the plaintiff.
This makes the litigation materially different from the TCPA cases associated with calls and texts. However, a RICO designation on a civil complaint is not a judicial finding that racketeering occurred. It identifies the legal theory the plaintiff is attempting to pursue.
Who Filed the Lawsuit?
Walter David Witherell II is identified as the plaintiff. The federal docket shows that he filed the complaint on March 17, 2026.
The filing appears to have been made pro se, meaning Witherell was proceeding without an attorney at that stage of the publicly indexed docket. The court also entered instructions concerning pro se litigants.
The procedural posture matters. At the filing stage, allegations generally represent the plaintiff’s account and legal theories. They should not be presented as facts already proven against the defendants.
Which Companies and Individuals Are Named?
The federal docket identifies multiple corporate and individual defendants rather than Symmetry Financial Group alone.
They include Quility Insurance Holdings, LLC; Symmetry Financial Group, LLC; Quility Financial Advisors, LLC; Tim Taylor Smith; Lisa Kimbrell; Craig McManamon; Chris Leake; Sierra Smith-Simonds; Brett Beaudry; and Kyle Kimbrell.
Naming a person or company as a defendant does not establish responsibility for the conduct alleged. Each defendant may challenge jurisdiction, factual allegations, legal sufficiency, damages, causation, or other elements as litigation proceeds.
What Does the Complaint Allege?
The federal docket categorizes Witherell’s lawsuit under the Racketeer Influenced and Corrupt Organizations Act. That confirms the type of federal claim asserted, but the docket summary alone does not establish that the underlying factual allegations are true.
This distinction is particularly important with RICO litigation because the statute carries serious terminology. Readers should avoid interpreting words such as “racketeering” as an established description of Symmetry’s conduct merely because a plaintiff pleaded a RICO claim.
Unless and until the court reaches findings on the merits, the allegations remain contested legal claims subject to motions, evidence, discovery, defenses, and potentially trial.
RICO Allegations Against Symmetry Financial Group Explained
RICO stands for the Racketeer Influenced and Corrupt Organizations Act. Originally enacted as a tool for addressing organized patterns of criminal activity, the statute also provides a civil cause of action in qualifying circumstances.
The Witherell docket expressly lists 18 U.S.C. § 1962 as the cause of action. Another 2026 North Carolina case, Brooks v. Quility Insurance Holdings, is likewise categorized as a RICO matter and names Symmetry among multiple defendants.
That does not mean a court has determined that Symmetry constitutes a racketeering enterprise. Filing a civil RICO complaint and successfully proving a civil RICO case are substantially different things.
What Is a RICO Claim?
A civil RICO claim generally involves allegations that defendants participated in an enterprise through a pattern of specified unlawful activities known as racketeering activity.
The statute is complex. Merely alleging dishonest, unfair, or financially harmful conduct is not automatically enough to establish RICO liability.
A plaintiff must satisfy statutory requirements and connect the alleged conduct to legally recognized predicate acts and an enterprise. Courts frequently scrutinize civil RICO pleadings closely because of the seriousness and breadth of the statute.
What Plaintiffs Must Prove in a RICO Case
Although the precise requirements depend on the claim asserted, civil RICO litigation generally requires considerably more than showing that a plaintiff experienced a business dispute.
Relevant issues can include:
- The existence of a qualifying enterprise.
- A defendant’s relationship to or participation in that enterprise.
- A pattern of qualifying racketeering activity.
- Legally recognized predicate acts.
- Injury to business or property.
- Causation connecting the alleged RICO violation to the claimed injury.
Whether those elements can be established in the 2026 litigation is a matter for the court and the evidence. The presence of RICO allegations in a complaint is therefore not equivalent to a finding of RICO liability.
Symmetry Financial Group TCPA Lawsuits
The Telephone Consumer Protection Act regulates certain telephone solicitations, automated communications, prerecorded calls, and related practices. Symmetry has appeared as a defendant in multiple federal cases categorized under the TCPA.
Long v. Symmetry Financial Group, LLC, filed September 22, 2023, in the Middle District of Florida, lists 47 U.S.C. § 227 as the cause of action. Bennett v. Symmetry Financial Group, LLC et al., filed in North Carolina in March 2025, was also categorized as TCPA litigation.
The legal details differ from case to case. Consent, the technology used, the identity of the caller, agency relationships, call frequency, and Do-Not-Call status can all matter.
Allegations of Unsolicited Calls
Some litigation involving Symmetry has centered on allegations that individuals received insurance-related calls they did not request or authorize.
In Escano, for example, the plaintiff alleged receiving multiple unsolicited telemarketing calls concerning life and health insurance while his cellular number was registered on the National Do Not Call Registry. The litigation involved Symmetry and additional defendants.
Such allegations must still be proven. A recipient’s experience, consent history, the source of a lead, and which party actually initiated or authorized contact can become significant issues in TCPA litigation.
Automated Calls and Text Messages
The TCPA can apply differently depending on how a call or message was made. Restrictions may involve automated telephone dialing technology, artificial or prerecorded voices, text messages, or telemarketing communications made without the legally required consent.
That means the simple fact that someone received an unwanted call does not automatically establish a statutory violation.
Courts examine the specific technology, purpose of the communication, consent, relationship between the parties, and applicable regulatory provisions. These factual distinctions can determine whether a particular communication falls within TCPA restrictions.
Do-Not-Call Complaints
The National Do Not Call Registry is another recurring issue in telemarketing disputes.
Individuals who have registered qualifying residential or personal numbers may have legal protections against certain telephone solicitations. However, exceptions and consent issues can affect whether a particular call violates federal rules.
Recent BBB complaints concerning Symmetry also include consumers alleging that calls continued despite requests to stop. In responses to some 2026 complaints, Quility Corporate stated that contact information would be removed from outreach lists. BBB complaints represent consumer allegations and company responses, not judicial findings.
Long v. Symmetry Financial Group Explained
Angela Long filed Long v. Symmetry Financial Group, LLC on September 22, 2023, in the U.S. District Court for the Middle District of Florida.
The docket lists case number 6:2023-cv-01832, identifies the nature of suit as Telephone Consumer Protection Act litigation, and cites 47 U.S.C. § 227 as the cause of action. Long also demanded a jury trial.
The case is relevant because it illustrates that legal searches concerning Symmetry encompass multiple proceedings rather than a single dispute.
Public docket summaries should also be interpreted carefully. The readily available Justia entry states that its docket was last retrieved in September 2023 and notes that more recent information may be available through PACER. Therefore, that summary alone should not be used to make definitive claims about the ultimate disposition of the case.
Symmetry Financial Group Lawsuit in California
California searches often relate to alleged telemarketing activity rather than the 2026 North Carolina RICO litigation.
Symmetry Financial Group operates in California under the name Symmetry Insurance Services, according to Quility’s official licensing information. Quility lists a California insurance license for Symmetry Financial Group, LLC.
There have also been public reports of legal scrutiny concerning potential TCPA claims involving California residents and alleged unauthorized insurance marketing calls or texts. An investigation or solicitation of potential claimants, however, is not the same as a certified class action or a finding that a violation occurred.
Consumers evaluating a California claim should therefore identify the exact case, law firm, docket number, and procedural status rather than assuming references to an investigation represent an established settlement.
Symmetry Financial Group Complaints and Consumer Concerns
Public complaints involving Symmetry cover several categories, but they should be interpreted in context.
The BBB profile for the Swannanoa, North Carolina business showed 11 complaints over the preceding three years when reviewed in August 2026. Complaint categories included service or repair, product, billing, order, and sales or advertising issues.
A complaint count does not prove widespread misconduct, nor does BBB determine legal liability through its complaint process. Complaints are most useful as individual reports showing the types of concerns some consumers have raised.
Unwanted Calls and Texts
Repeated contact is one of the clearest themes in publicly visible consumer complaints.
Several BBB complainants have alleged receiving calls or messages after indicating that they did not want further contact. Some also disputed whether they had originally requested insurance information.
Quility Corporate responded to several such complaints by stating that the consumer’s information would be removed from calling, text, or email outreach lists.
Those responses demonstrate that the company has addressed individual complaints, but they do not determine whether a TCPA violation occurred in any particular situation.
Sales and Marketing Complaints
Some consumers have questioned how their contact details were obtained or why they were contacted about mortgage protection or life insurance.
Marketing complaints can involve several parties. Insurance lead generators, independent agents, agencies, marketing organizations, and insurance carriers may all occupy different roles in the sales process.
That distinction is legally important. Determining responsibility requires evidence showing who obtained the information, who made the contact, what consent was provided, and what contractual or agency relationships existed at the relevant time.
Agent and Contracting Concerns
Agent-related complaints differ from consumer telemarketing disputes.
Symmetry’s official recruiting page explicitly asks applicants whether they are comfortable working as commission-only 1099 contractors. It also asks whether applicants are licensed or willing to obtain an insurance license.
Former agents online have nevertheless raised concerns about training, expectations, compensation, lead costs, and contracting relationships. These reports should be treated as individual experiences unless independently established through court records or other reliable documentation.
Symmetry Financial Group Recruiting Complaints
Recruiting is one of the most discussed aspects of Symmetry’s business model online.
Some prospective or former agents say they expected a conventional salaried position before learning that the opportunity involved independent insurance sales. Others criticize group interviews, commission structures, recruiting incentives, or the need to pay business-related expenses.
The company’s own current recruiting material provides an important point of reference: applicants are specifically asked whether they are comfortable working “commission only” as a 1099 contractor.
Anyone considering the opportunity should therefore evaluate it as an independent sales business arrangement rather than assuming it operates like a standard salaried employee position.
Commission and Compensation Concerns
Commission-only compensation shifts a significant amount of income risk to the agent.
If policies are not sold or commissions are later affected by cancellations, an agent’s actual earnings may differ substantially from recruiting examples or projected income. Agents should obtain the carrier-specific commission schedule and chargeback rules before making financial assumptions.
Quility-affiliated agency materials also warn that agent success, earnings, and production results should not be viewed as typical or guaranteed. Actual outcomes depend on multiple factors, including work performed and the agent’s ability to use the sales and lead systems.
Lead Purchasing Complaints
Lead costs are another recurring subject in online discussions.
Some former agents claim they spent substantial amounts purchasing leads and did not receive the conversion rates they expected. Others describe the lead system as a standard cost of operating an independent insurance business.
Symmetry itself promotes access to a “robust leads program” as part of its agent offering.
Prospective agents should ask what leads cost, whether purchasing is optional, how old leads may be, whether leads are exclusive or shared, and what realistic conversion rates look like before committing money.
Independent Contractor Issues
A 1099 independent contractor arrangement differs materially from W-2 employment.
Independent agents may be responsible for licensing, taxes, business expenses, insurance, equipment, and other costs that an employer might otherwise cover. They also may not receive conventional employee benefits.
Symmetry’s recruiting form expressly describes the opportunity as commission-only 1099 work.
Prospective agents should review the actual independent contractor agreement rather than relying only on a recruiter or online review. Contract provisions governing commissions, termination, post-termination duties, ownership of business, and chargebacks can have significant financial consequences.
Symmetry Financial Group Start-Up Costs and Agent Expenses
Starting an independent insurance sales business can involve expenses even when there is no traditional franchise fee.
Potential costs may include state licensing education, examination fees, license applications, background checks, errors-and-omissions coverage, technology, telephone service, marketing, and insurance leads.
The amount varies considerably by state and by the agent’s business choices. For that reason, there is no reliable universal figure that every prospective Symmetry agent should expect to pay.
Before joining, an applicant should request a written breakdown of mandatory and optional expenses. Particular attention should be paid to recurring lead purchases and licensing in additional states, since those costs can accumulate before commissions are earned.
Is Symmetry Financial Group an MLM?
The answer depends partly on how “MLM” is being used.
Symmetry describes itself as an independent insurance marketing organization, or IMO. Its official materials emphasize insurance distribution, independent agents, carrier access, technology, products, and a lead program. Quility says Symmetry provides access to more than 80 carriers and thousands of agents nationwide.
Online critics frequently call the organization an MLM because they say agents can build teams and participate in hierarchical compensation structures. Other insurance professionals argue that an IMO with agency-building opportunities should not automatically be equated with an illegal pyramid scheme.
Those concepts should not be conflated. Multi-level compensation structures can exist legally. An illegal pyramid scheme is a separate legal determination based on how the operation actually generates revenue and rewards participants.
Is Symmetry Financial Group a Scam or Legitimate Company?
Calling Symmetry Financial Group a “scam” as an established fact would not be supported by the evidence reviewed for this article.
Symmetry is an operating insurance marketing organization within the Quility family. Quility publishes state licensing information for Symmetry Financial Group, and the company’s North Carolina BBB profile identifies it as an accredited business with an A- rating at the time reviewed.
At the same time, legitimate business operations do not mean every customer or agent has a positive experience. Public complaints and lawsuits show that disputes have occurred.
The more useful question for a prospective agent is whether the commission-only independent contractor model, costs, lead system, compensation structure, and recruiting environment fit their circumstances. Consumers should separately evaluate any unsolicited insurance communication and verify the identity and license of the person contacting them.
What Reddit Discussions Say About Symmetry Financial Group
Reddit discussions about Symmetry are strongly mixed and should be treated as anecdotal evidence.
Critical posts frequently describe the organization as MLM-like and raise concerns about lead purchases, recruiting, commission-only income, expenses, aged leads, or the way job opportunities were presented. Recent 2025 and 2026 threads continue to contain those criticisms.
Other commenters defend the model. Some say recruiting is optional, describe Symmetry as an IMO rather than an MLM, or report positive experiences working as independent insurance producers.
Reddit can help identify questions a prospective agent should ask, but anonymous posts cannot establish company-wide facts. Compensation agreements, licensing records, contracts, court filings, and written company policies carry more evidentiary weight.
Symmetry Financial Group BBB Complaints and Ratings
BBB information presents a more nuanced picture than either “no complaints” or “bad company.”
The main Swannanoa, North Carolina profile showed Symmetry Financial Group as BBB accredited with an A- rating when reviewed in August 2026. BBB reported 11 complaints filed during the previous three years and three closed during the previous 12 months.
BBB’s published consumer-review score was 3 out of 5 based on eight customer reviews at the time reviewed. Those reviews included both critical and favorable agent experiences.
BBB itself cautions that complaint volume should be considered alongside company size and transaction volume. Ratings and complaints can also change over time, so they should be viewed as one part of broader due diligence rather than a definitive legal judgment.
Is Symmetry Financial Group a Good Company to Work For?
There is no universal answer because Symmetry’s opportunity differs significantly from conventional employment.
The company’s recruiting materials identify the role as commission-only 1099 work. That arrangement may appeal to experienced insurance producers who want flexibility and are comfortable with variable income. It may be unsuitable for someone expecting a guaranteed salary, traditional benefits, or employer-funded business expenses.
Before joining, candidates should verify:
- Whether any base salary exists.
- The exact starting commission schedule.
- Chargeback rules.
- Licensing expenses.
- Lead costs and lead quality.
- Whether recruiting is expected or optional.
- Ownership of clients and renewals.
- Contract termination provisions.
The written agreement should control the decision—not income screenshots, recruiter statements, Reddit comments, or isolated reviews.
How Has Symmetry Financial Group Responded to Complaints?
Public BBB records provide examples of company responses to consumer complaints.
In several 2026 cases involving alleged unwanted contact, responses signed by Quility Corporate stated that complaints had been escalated internally and that the consumer’s information would be removed from relevant outreach lists. The company also asked consumers to report identifying information if further agent contact occurred.
These responses show an effort to address specific complaints through the BBB process. They should not be interpreted as admissions that the company violated the TCPA or another law.
More broadly, Symmetry and Quility continue to publicly describe Symmetry as a licensed independent insurance marketing organization. In litigation, defendants also have the right to contest allegations, seek dismissal, negotiate resolution, or proceed through discovery and trial.
Is There a Symmetry Financial Group Class Action Lawsuit?
There is no basis to describe every current Symmetry lawsuit as one nationwide certified class action.
The cases identified in federal records involve different plaintiffs and legal theories. Witherell’s 2026 action is categorized as RICO litigation, while cases such as Long and Bennett arise under the TCPA.
A complaint seeking class treatment is also not the same thing as a certified class action. Class certification generally requires a court to determine that applicable procedural requirements have been satisfied.
Consumers should therefore be cautious with pages implying that everyone who received a Symmetry call, purchased insurance, or worked as an agent is automatically a member of a class. Eligibility depends on the particular litigation and any class definition ultimately approved by a court.
Has a Symmetry Financial Group Settlement Been Reached?
There does not appear to be one universal settlement resolving all litigation involving Symmetry Financial Group.
Individual cases can settle independently. Public reporting concerning the 2025 Bennett TCPA litigation indicates that the parties reported a settlement and the case was subsequently dismissed in February 2026, with financial terms not publicly disclosed.
That type of individual resolution should not be confused with the 2026 RICO litigation.
As of the publicly accessible information reviewed for this article, no verified global settlement fund covering the Witherell case, all Symmetry agents, or all consumers contacted by Symmetry has been identified.
Settlement claims should always be checked against the specific court docket, settlement administrator, or official notice before personal information is submitted.
Is There a Symmetry Financial Group Lawsuit Payout?
There is currently no verified universal Symmetry Financial Group lawsuit payout available simply because someone received a call, worked as an agent, purchased leads, or had another interaction with the company.
Individual lawsuits may settle privately or result in case-specific compensation. That does not create an automatic compensation program for everyone with a similar complaint.
A legitimate class settlement normally produces identifiable documentation, such as a settlement agreement, court approval records, an official administrator, eligibility criteria, deadlines, and instructions for submitting claims.
Consumers should be particularly cautious about websites promising guaranteed payouts without identifying the case number, court, settlement administrator, or court-approved notice.
Who Could Potentially Qualify for a Claim?
Eligibility depends entirely on the specific legal proceeding.
For a TCPA matter, potentially relevant facts could include whether a person received calls or texts, whether consent existed, when the communications occurred, whether the number was registered on the National Do Not Call Registry, and which entity was responsible for the communication.
For agent-related litigation, relevant evidence could instead include contracts, lead purchases, commission statements, termination records, emails, representations made during recruiting, and documented financial losses.
Someone who believes they may have a claim should preserve:
- Call logs and screenshots.
- Text messages and voicemails.
- Requests to stop contacting them.
- Insurance or lead-related records.
- Agent contracts and amendments.
- Commission and chargeback statements.
- Receipts for business expenses.
- Recruiting emails or written representations.
Having these records does not establish eligibility or liability, but documentation can help an attorney assess whether a legally actionable claim exists.
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Frequently Asked Questions
Is there currently a Symmetry Financial Group lawsuit?
Yes. Federal records show multiple cases involving Symmetry, including 2026 RICO litigation and earlier TCPA cases. These are separate proceedings and should not be treated as one nationwide lawsuit.
What is the 2026 lawsuit against Symmetry about?
One significant 2026 case, Witherell v. Quility Insurance Holdings et al., is categorized by the federal docket as a RICO action under 18 U.S.C. § 1962. The allegations have not been established as proven facts.
Has Symmetry Financial Group been sued over unwanted calls?
Yes. Federal cases including Long and Bennett were filed under the Telephone Consumer Protection Act. Earlier litigation also involved allegations concerning unsolicited insurance telemarketing calls.
Has a settlement been reached?
Some individual litigation has reportedly been resolved, including the Bennett TCPA matter. However, there is no verified universal settlement resolving every Symmetry-related lawsuit or creating compensation for everyone who interacted with the company.
Can consumers receive a lawsuit payout?
Not automatically. Compensation depends on the outcome and terms of a particular lawsuit or settlement. No verified universal payout program currently applies to every Symmetry consumer, caller recipient, or former agent.
Is Symmetry Financial Group a legitimate insurance company?
Symmetry operates as an insurance marketing organization within Quility, and official records list insurance licenses across numerous states. Legal disputes and complaints exist, but they do not by themselves establish that the entire business is fraudulent.
Final Thoughts
The Symmetry Financial Group lawsuit landscape in 2026 involves several distinct legal matters rather than one consolidated case. Federal records confirm RICO litigation filed in North Carolina and a history of TCPA cases concerning alleged telephone communications. Consumer and agent complaints add context, but those reports should remain separate from verified court findings.
No allegation should be treated as proof of wrongdoing unless supported by an applicable court decision or other authoritative resolution. Likewise, there is currently no verified universal settlement or guaranteed payout covering everyone associated with Symmetry. Consumers and former agents who believe they were affected should preserve relevant records, verify claims against official court information, and obtain legal advice when appropriate. The ultimate outcome of pending litigation will depend on the evidence, applicable law, defenses raised, and decisions made by the courts.
