Global Digital Solutions Inc (GDSI)

[Coreton]

That’s a correct statement in that “Discovery doesn’t modify complaints” however. It is 100% irrelevant. No one has claimed it does. I said a complaint can be amended based on discovery.

Your assertion that the defendants don’t have to defend themselves from items not specifically spelled out in the complaint is incorrect. Wrong doing discovered during discovery is part of the case.

In this case, should GDSI prevail and if the allegations of Fraud are reasonably proven then GDSI can use that as a aggravating factor during the awarding of damages. (This would probably come in the form of a motion closer to the end of the trial, before the awarding of damages)

In most circumstances an aggravating finding will increase the award beyond what is being sought.

They could also choose to pursue the Fraud by modifying their complaint to include the Civil Fraud aspect purported to have been committed.

Defendant will have to defend its self against any allegations discovered during discovery regardless of how it is raised by the plaintiff
or
they can ignore it and allow the accusation to stand
or
they could stipulate to the allegation as being true.