Plastic2Oil Inc (PTOI)

[Johnik]

A little DD and tells us that the new lawyer is from the same firm so nobody quit.

I agree, and I posted the same. If a lawyer quits, or is fired, we would ordinarily see a motion to withdraw as counsel. It is quite common to have more than one attorney file an appearance in any given case.

[S]o far Kaplanis' lawyers have knocked it right out of the park. JBI filed motion to dismiss, yet lawsuit continues...check one for kaplanis team, JBI filed that jury trial should be denied due to employment agreement, yet it is now scheduled for jury trial...check another one for the Kaplanis team, so far they are winning on all accounts.

That's not correct. Neither party has won or lost any motions to date, so no one is "winning on all accounts." Kaplanis requested a jury trial, so the case is set down for a jury trial. In my opinion, if the negligent misrepresentation count gets dismissed, thus leaving the breach of contract count as the sole remaining claim for damages, then Kaplanis will lose his right to a jury trial per the express waiver of said right in the contract. In any event, it would not surprise me if Kaplanis gets past the motion to dismiss, as such motions are seldom granted. Summary judgment (i.e., judgment entered by the court prior to trial, based on the evidence) would be a far greater hurdle for Kaplanis, if in fact his case makes it that far. The integration clause (paragraph 15) may stand as a formidable barrier to the misrepresentation claim. Kaplanis may also have trouble establishing damages in excess of the jurisdictional prerequisite to maintaining an action in Federal court based on diversity jurisdiction.

The employment agreement is partially based on the "Laws of the People's Republic of China". Why in the world would John make an employement agreement that states the guy can be fired if he does something that would be against Chinese law? Never heard of such a thing but that is in the agreement.

It is not at all uncommon for a contract to incorporate the laws of other jurisdictions by reference. We know that JBI has some business connection with China. Observe that the contract is also governed in part by the laws of the State of Nevada. Choice of law provisions are the subject of negotiation between the parties, and are routinely upheld by the courts (subject to overriding public policy considerations).