Sentences with phrase «common issues of liability»

Plaintiff have the onus of constructing a case with common issues of liability or damages.

Not exact matches

If you remove the need to income split by taxing the family unit of those in married or living common - law relationships and then adopt a flat tax for everyone — say 20 % — there really is no need for small business to incorporate, except for perhaps liability issues.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

on a pro forma basis, giving effect to (i) the automatic conversion of all of our outstanding shares of convertible preferred stock other than Series FP preferred stock into shares of Class B common stock and the conversion of Series FP preferred stock into shares of Class C common stock in connection with our initial public offering, (ii) stock - based compensation expense of approximately $ 1.1 billion associated with outstanding RSUs subject to a performance condition for which the service - based vesting condition was satisfied as of December 31, 2016 and which we will recognize on the effectiveness of our registration statement in connection with a qualifying initial public offering, as further described in Note 1 to our consolidated financial statements included elsewhere in this prospectus, (iii) the increase in accrued expenses and other current liabilities and an equivalent decrease in additional paid - in capital of $ 187.2 million in connection with the withholding tax obligations, based on $ 16.33 per share, which is the fair value of our common stock as of December 31, 2016, as we intend to issue shares of Class A common stock and Class B common stock on a net basis to satisfy the associated withholding tax obligations, (iv) the net issuance of 7.6 million shares of Class A common stock and 5.5 million shares of Class B common stock that will vest and be issued from the settlement of such RSUs, (v) the issuance of the CEO award, as described below, and (vi) the filing and effectiveness of our amended and restated certificate of incorporation which will be in effect on the completion of this offering.

The pro forma consolidated balance sheet data gives effect to (i) the automatic conversion of all of our outstanding shares of convertible preferred stock other than Series FP preferred stock into shares of Class B common stock and the conversion of Series FP preferred stock into shares of Class C common stock in connection with our initial public offering, (ii) stock - based compensation expense of approximately $ 1.1 billion associated with outstanding RSUs subject to a performance condition for which the service - based vesting condition was satisfied as of December 31, 2016 and which we will recognize on the effectiveness of our registration statement in connection with this offering, as further described in Note 1 to our consolidated financial statements included elsewhere in this prospectus, (iii) the increase in accrued expenses and other current liabilities and an equivalent decrease in additional paid - in capital of $ 187.2 million in connection with the withholding tax obligations, based on $ 16.33 per share, which is the fair value of our common stock as of December 31, 2016, as we intend to issue shares of Class A common stock and Class B common stock on a net basis to satisfy the associated withholding tax obligations, (iv) the net issuance of 7.6 million shares of Class A common stock and 5.5 million shares of Class B common stock that will vest and be issued from the settlement of such RSUs, (v) the issuance of the CEO award, as described below, and (vi) the filing and effectiveness of our amended and restated certificate of incorporation which will be in effect on the completion of this offering.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school districts.

«After extensive consideration and in light of the uncertainty associated with the causes and potential liabilities associated with these wildfires as well as state policy uncertainties, the PG&E boards determined that suspending the common and preferred stock dividends is prudent with respect to cash conservation and is in the best long - term interests of the companies, our customers and our shareholders... We fully recognize the importance of dividends and intend to revisit the issue as we get more clarity.»

It is fashionable for class counsel to plead «waiver of tort» as a common issue alleged to be certifiable in product liability class actions.

As experienced product liability litigators, we see a number of common difficulties that might be avoided through effective negotiations and risk allocation When advising your client, you should be discussing the issues outlined below as part of any supply agreement, particularly when it involves multiple jurisdictions.

Notable mandates: Acting for the Government of Newfoundland and Labrador regarding the development and financing of the Muskrat Falls Hydroelectric Project, also known as the «Lower Churchill Project»; acting for the Government of Newfoundland and Labrador concerning the development and operation of the Hebron offshore oilfield project and the Hibernia South oilfield expansion project; acting for developers and placing financing on new hotel developments in downtown St. John's; defending class action claims involving product liability and taxation issues at a certification hearing and a common issues trial and appeal; acting for mining corporations involved in large - scale mine development projects in Labrador

«The keys to successfully litigating these issues for policyholder counsel are: (i) focus on the policy language; (ii) think about what happens if the policyholder wins the liability case; (iii) considering the overwhelmingly common practice of carriers» funding the defense, argue that the burden of dispelling the expectation of coverage is on the carrier to negate defense coverage; and (iv) recognize that while the incurrence of defense costs can be a catastrophic exposure to the policyholder it can also be so for the carrier, meaning that the policyholder must sensitively respond to the equitable force of the insurer's arguments and not simply rely on «punish the drafter» arguments or what the Nabisco court characterized as» «mom and pop» grocery store argument [s]» (unless one has to).

Of seven proposed common issues Belobaba certified only three, including the employer / employee relationship with Deloitte, the unpaid vacation pay and public holiday pay and overtime and for compensation of improper remittances and, if liability is established, whether aggregate damage would be availablOf seven proposed common issues Belobaba certified only three, including the employer / employee relationship with Deloitte, the unpaid vacation pay and public holiday pay and overtime and for compensation of improper remittances and, if liability is established, whether aggregate damage would be availablof improper remittances and, if liability is established, whether aggregate damage would be available.

His practice focuses largely on the litigation of complex disputes involving common law, statutory law, contract law, physician and hospital liability law, products liability law, commercial, corporate and business issues, catastrophic personal injury cases and class action / mass torts / pharmaceutical litigation.

Mr. Sistrunk's practice focuses largely on the litigation of complex disputes involving common law, statutory law, contract law, physician and hospital liability law, product liability law, commercial, corporate and business issues, catastrophic personal injury cases and class action / mass torts / pharmaceutical litigation.

The Superior Court of Justice ruled on the issue of common - employers and personal liability of directors in the context of a wrongful dismissal action.

Some common areas of collective input and decision - making are: admission to and termination from partnership; establishment and implementation of firm policies, which, as to partners, must include compensation; strategic initiatives; and professional liability issues affecting partners and / or the firm.

To follow common or related issues of fact or law in respect of the alledged liability of the National Coal Board and / or British Coal Corporation (NCB / BCC) their successors the Department for Trade & Industry (DTI) for chronic knee injury suffered by their employees as a result of underground work in mines between 1949 and 1994, where chronic knee injury means diabling symptoms of the knee joint (s) resulting from damage to the menisci and / or osteoarthritis, but does not include bursitis.

Lead trial counsel in the first medical products class action / common issues trial tried to verdict in Canada (146 trial days), successfully defending one of the world's leading manufacturers of life - saving cardiac devices in a national class action claiming more than a billion dollars in damages (awarded 2013 Canadian Product Liability Impact Case of the Year by LMG Life Sciences)

In a situation where the defendant is acting in pursuance of functions under a statute, it is necessary to consider a construction of the Act itself, alongside the issues concerning the defendant's liability under the common law of negligence, in particular the primary question as to whether the common law duty of care arises.

The Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importanLiability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importanliability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importanliability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importanliability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.

This issue will always take up a lot of time and effort in a premises liability case, often resulting in dozens of pages of complicated legal briefing on what should be a common sense answer.

Property owners can prevent these kinds of problems by keeping their property in good repair and avoiding some of the more common premises liability issues.

Landlords insurance policies do take care of covering the physical dwelling, and even bear limited responsibility for liability issues that may arise in common areas.

To help clarify the issue, Ladders asked accountants and tax preparation experts to evaluate the tax liability of some of the most common job - search expenses.

Pediatricians report a lack of confidence in their training and ability to successfully manage children's behavioral and emotional problems29 with only 13 % of pediatricians reporting confidence.30 Common barriers to adopting new screening practices in pediatrics include lack of time, 30 long waits for children to be seen by mental health providers, and lack of available mental health providers to refer children.31, 32 Liability issues have been identified as a barrier to screening and managing children with behavioral and emotional problems.

Knowledge of ethical issues in mediation, including standards of practice and review of common case situations, in order to practice in an ethical manner, and avoid areas of potential liability;

The NTA seems to contemplate regulations which prescribe the manner in which trusts are to be operated and managed, rather than extending to issues of liability for the administration of the trusts or authorising regulations which may depart from established principles of common law.

As part of the transaction, The Right Start agreed to issue its preferred stock convertible into 5 million shares of its common stock and an $ 18 million, four - year note, to assume certain liabilities.