Comment by IncreasePosts
1 day ago
Not really. Dismissed isn't the same thing as losing. The suit couldn't go forward because they returned the money, so she has no damages to sue over. I wonder if you can sue for lawyer fees...they took her money and made her hire a lawyer to get it back "willingly", something she wouldn't have had to do if they didn't take the money in the first place.
It depends what her suit asked for in "relief." Sometimes you can get punitive damages, even if the money was returned. Or I've sometimes got the money I wanted but continued the part of the suit for declaratory judgment (e.g. to force the government to declare they violated my rights).
The next person to try might try to get standing by claiming the loss of $40k lost the opportunity to gain interest or something along those lines.
They paid her back with interest, exactly as they are required to do.