Sentences with phrase «under circumstances involving»

The Texas Survival Statute is one of two state laws that provides compensation for certain parties after a person's death under circumstances involving the wrongful or negligent conduct of another.

Not exact matches

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

It is important to understand, it seems to me, that the LCP should be considered unacceptable under all circumstances, not simply for Catholics but universally, since it is based on an ideological notion about the end of life, a pressing of all supposedly dying patients into a predetermined pattern of treatment involving the withdrawal of food and hydration (itself an unacceptable procedure under all circumstances) and not on an evidence - based assessment of the needs of individual patients.

Also, exploration of how best to characterize particular Christian congregations» construals of the Christian thing will have to rest in part on the results of exploration of whether their practices involve truth claims and, if so, whether they are true and under what circumstances.

Inside the idea that «conscience» can permit or even require us to do something long understood to be wrong, period, where's the circuit - breaker that would stop a couple from «discerning» that an abortion is the best resolution of the difficulties involved in carrying this unborn child to term, although under future circumstances they would embrace the «ideal» and welcome a child into their family?

Thus the evolution of the mind must involve not only the formation of a goal, but also the development of alternative goals, and the ability to pick the appropriate goal under particular circumstances.

A tough, shrewd, and principled Republican president might still get a constitutionalist judge through the Senate even under those circumstances (though it might involve killing the filibuster), but it would be a long, grinding battle.

A home match under those circumstances is different, you have the crowd to give you adrenaline and there isn't any traveling involved.

Time for some brutal honesty... this team, as it stands, is in no better position to compete next season than they were 12 months ago, minus the fact that some fans have been easily snowed by the acquisition of Lacazette, the free transfer LB and the release of Sanogo... if you look at the facts carefully you will see a team that still has far more questions than answers... to better show what I mean by this statement I will briefly discuss the current state of affairs on a position - by - position basis... in goal we have 4 potential candidates, but in reality we have only 1 option with any real future and somehow he's the only one we have actively tried to get rid of for years because he and his father were a little too involved on social media and he got caught smoking (funny how people still defend Wiltshire under the same and far worse circumstances)... you would think we would want to keep any goaltender that Juventus had interest in, as they seem to have a pretty good history when it comes to that position... as far as the defenders on our current roster there are only a few individuals whom have the skill and / or youth worthy of our time and / or investment, as such we should get rid of anyone who doesn't meet those simple requirements, which means we should get rid of DeBouchy, Gibbs, Gabriel, Mertz and loan out Chambers to see if last seasons foray with Middlesborough was an anomaly or a prediction of things to come... some fans have lamented wildly about the return of Mertz to the starting lineup due to his FA Cup performance but these sort of pie in the sky meanderings are indicative of what's wrong with this club and it's wishy - washy fan - base... in addition to these moves the club should aggressively pursue the acquisition of dominant and mobile CB to stabilize an all too fragile defensive group that has self - destructed on numerous occasions over the past 5 seasons... moving forward and building on our need to re-establish our once dominant presence throughout the middle of the park we need to target a CDM then do whatever it takes to get that player into the fold without any of the usual nickel and diming we have become famous for (this kind of ruthless haggling has cost us numerous special players and certainly can't help make the player in question feel good about the way their future potential employer feels about them)... in order for us to become dominant again we need to be strong up the middle again from Goalkeeper to CB to DM to ACM to striker, like we did in our most glorious years before and during Wenger's reign... with this in mind, if we want Ozil to be that dominant attacking midfielder we can't keep leaving him exposed to constant ridicule about his lack of defensive prowess and provide him with the proper players in the final third... he was never a good defensive player in Real or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really was...

Los Angeles lawyers who specialize in reproductive law will know that all of the parties involved will feel more comfortable if the law recognises that the intended parents will have legal rights to the child under any and all circumstances.

Subsequently, by virtue of defining that an adult and infant are unable to safely sleep on the same surface together, such as what occurs during bedsharing, even when all known adverse bedsharing risk factors are absent and safe bedsharing practices involving breastfeeding mothers are followed, an infant that dies while sharing a sleeping surface with his / her mother is labeled a SUID, and not SIDS.26 In this way the infant death statistics increasingly supplement the idea that bedsharing is inherently and always hazardous and lend credence, artificially, to the belief that under no circumstance can a mother, breastfeeding or not, safely care for, or protect her infant if asleep together in a bed.27 The legitimacy of such a sweeping inference is highly problematic, we argue, in light of the fact that when careful and complete examination of death scenes, the results revealed that 99 % of bedsharing deaths could be explained by the presence of at least one and usually multiple independent risk factors for SIDS such as maternal smoking, prone infant sleep, use of alcohol and / or drugs by the bedsharing adults.28 Moreover, this new ideology is especially troubling because it leads to condemnations of bedsharing parents that border on charges of being neglectful and / or abusive.

Under normal circumstances this would involve a somewhat lengthy process of investigating the background circumstances of each new arrival.

I wished that the Chief Justice under this circumstances in my candid opinion could speak to the two members of parliament involved directly with signs of remorse especially when the merit of the case is NOT determined so that they can feel comfortable appearing before her in court otherwise this may NEGATIVELY affect the morale and confidence and trust of the two MPs in the process especially in the CJ going forward and it may lead to a discontinuation of the case since it's only dismissed on technical grounds but not on its merits.

Arguing that the federal government is «headed horribly in the wrong direction and needs change and needs to be reined in,» Pataki said that under those circumstances «if you don't get involved in some capacity, shame on you.»

They don't look strong under those circumstances, they look stupid — see here the idea that retaining Ed Balls in any sort of capacity where he might conceivably be involved in government is in some way a good idea.

Explaining circumstances under which the 30 percent protocol allocation was introduced, Madam Djaba said, «Concerning the 30 percent protocol, it is something that was put in to ensure that traditional rulers and other persons in the communities will be involved.»

«We had a very friendly relationship, and under those circumstances, there are negotiations involved in it.»

The «active cell map» is the set of all interactions, complexes and pathways involving molecules in the cell and their activity under normal and diseased regulatory circumstances.

Referring to Gavin Schmidt's «explanations» as helpful and pulling out tired lines about a vast fossil fuel funded conspiracy under the current circumstances tells me that politics are more important to her than the ethics (or lack thereof) involved.

Their jubilation is ultimately short lived, as the pair inevitably find themselves caught up in a mystery involving a creepy long - haired girl who died under suspicious circumstances.

The plot relocates Nancy to Los Angeles, where a grand, opportune mystery involves a Hollywood starlet (though inconsistent in its depictions, the actress is loosely Audrey Hepburn-esque) who disappeared 25 years ago under strange circumstances.

Under no circumstances should this feedback involve any checklist.

Under the circumstances, it would be irrational for the unions not to get actively involved in school - board elections.

The second exceptional circumstance under which school lunch data may affect the amount of Title I funds allocated to LEAs involves adjustments that some SEAs must make each year to the allocations calculated by USED for some of their LEAs.

Under the best of circumstances, change, even if embraced, involves a lead time of at least a full year.

In a statement, David Steinberger, CEO of Comixology said: «We did not interpret the content in question as involving any particular sexual orientation, and frankly that would have been a completely irrelevant consideration under any circumstance».

And how does that jibe with ComiXology's statement that «We did not interpret the content in question as involving any particular sexual orientation, and frankly that would have been a completely irrelevant consideration under any circumstance.»?

It just falls under the question of how to deal with delinquency that happens to involve the circumstance of allegedly paying cash and having it stolen, which is a hard question.

@CQM whether or not the individual is an owner or employee or owner and employee of the company involved, under what circumstances would a business be leasing residential space as a business expense?

Additional fees may be applied at a flat rate of $ 75 per hour if the allotted grooming time is greatly exceeded due to unforeseen conditions involving excessive under coat extraction, heavily matted fur, or other unusual circumstances discovered during the course of grooming.

Additional fees may be applied at a flat rate of $ 75 per hour if the allotted grooming time is greatly exceeded due to unforeseen conditions involving coat density, excessive under coat extraction, fur matting, or other unusual circumstances discovered during the course of grooming.

On the other hand, while I'm against the concept of allowing entire species to be wiped out, there are times I can't help but wonder how useful it is when the species involved is so delicate it is unsuited to survival under any circumstances.

Further, we may send you e-mail under the following circumstances: (a) if you request a particular service or sign up for a feature that involves e-mail communications; (b) if it relates to your participation in the Challenge; (c) if we are sending you information about our campaign and its events or updates; (d) if you consented to being contacted by e-mail for a particular purpose; (e) if you send us an e-mail, post information on the Website or otherwise submit information to us electronically, we may e-mail you to follow - up or otherwise communicate with you with respect thereto.

If some folks are nervous that PetNet is new, or that it's a for profit company instead of a nonprofit, Brenda offers the reassurance that she has been involved with the no kill movement for many years now and sees this new endeavor — keeping pets out of shelters, by helping them into good homes under all kinds of circumstances — as part of that work.

Under such circumstances, the relevant GC Award Points, Redemption Awards or other products or services will be forfeited, and the Members involved will have their Membership terminated.

Outstanding examples of the latter include, in addition to the examples of SRES and ice sheets above, authors» avoidance of any estimates of carbon cycle feedbacks involving tundra or methane hydrate reservoirs; and avoidance of estimations of the degree of implementation of adaptation capacity under particular circumstances.

The problem of course is that the draft has now be published, and under those circumstances those that weren't involved are hardly being unprincipled in having their say.

If you have been involved in an accident that resulted in injuries, your first step should be to consult an attorney to determine what your rights are under the circumstances of your accident.

When you are involved in an auto accident resulting in injuries to you and / or the people travelling with you in your vehicle, or the other drivers and / or the people travelling in their vehicle, then you may either be liable for damages or eligible for compensation under certain circumstances.

Being involved in an accident or suffering a serious injury can be emotionally trying under even the best of circumstances.

Another common nuance of variation between states involves the circumstances under which physical force or deadly physical force is authorized to make a citizens arrest, but this situation is also not implicated by your hypothetical.

(3) Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if: (a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or (b) He is the initial aggressor; except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or (c) The physical force involved is the product of a combat by agreement not specifically authorized by law.

Defended complex copyright infringement dispute involving previously un-decided issues concerning the Digital Millennium Copyright Act, and the extent to which a foreign - based copyright owner must establish appropriate chain of title, and whether, and under what circumstances, the foreign owner is entitled to the presumption of validity of its copyright.

«It is clear,» the Committee wrote, «that Mr. Linden quite properly became concerned that the accused lady may not have understood the proceedings in which she was involved and he took the measures that were appropriate for Duty Counsel under the circumstances.»

In B&B Hardware v. Hargis Industries, the Supreme Court held that, under some circumstances, determinations by the USPTO Trademark Trial and Appeal Board could have preclusive effect in subsequent federal court litigation involving the identical issue.

Yang was decided under Rule 67 (2) of the Court of Appeal Rules and involved «very unusual circumstances» in a divorce action.

Under no circumstances shall The Cochran Firm, D.C. or any other party involved in the creation, production or delivery of this web site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this web site.

If the situation under discussion occurred in common law Canada, odds are we'd find many judges saying that it was common sense that C's act of sending text messages B was involved in the circumstances that resulted in B's vehicle striking the plaintiff's.

[34] If it can be established that Ms. Kim's present circumstances were caused by the Accident, the «amount involved» in her claim has the prospect of being quite significant, a relevant consideration under R.1 - 3 (2)(a).

Under the Recast Brussels Regulation, the English Courts will have jurisdiction to determine a dispute involving a defendant that is domiciled in another European Union member state in certain defined circumstances.