The lack of cross examination of Experts within adjudication, coupled with the potential for self - selection (and discarding) of relevant evidence can lead to the service of reports which do not, or which do not appear to, comply with the standards which would be expected
during litigation proceedings.
Our team provides strategic consultation, counsel and advice, as well as strong advocacy
during litigation proceedings.
At one point
during the litigation proceedings, counsel for the Plaintiff brought an application for summary judgement pursuant to Rule 9 - 6 to strike the part of the Defendant's Response that relied on the Section 24 «reasonable efforts» defence in the Insurance (Vehicle) Act.
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.
In addition,
during the course of any such
litigation, there could be public announcements of the results of hearings, motions or other interim
proceedings or developments.
«The decision in Boone County Board of Education v. N.W., as it stands, would force cash - strapped school districts to bear the high costs of private placements
during litigation, even when a court ultimately rules that the district has made FAPE available in a public school setting,» said NSBA General Counsel Francisco M. Negrón Jr. «The lower court's decision sets a terrible precedent that prolongs due process and court
proceedings and discourages informal resolution of special education disputes through mediated settlement.
The Climate Science Defense Fund will play an active role in helping raise funds for their defense, serving as a resource in finding pro-bono representation, and providing support
during difficult
litigation proceedings.
During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification
proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling,
litigation, and arbitration, international
litigation and arbitration, antitrust
litigation and arbitration, products liability
litigation, environmental and toxic tort
litigation, and securities fraud.
On the very first day of hearings in the case In Re: Lithium Ion Batteries Antitrust
Litigation, Judge Rogers of the Northern District Court of California, Oakland division, sua sponte and without any precipitating incident, announced from the bench that she wouldn't tolerate less than a high level of civility in her courtroom, and asked attorneys from both sides to meet together and draft a professional code of conduct that they would abide by
during the
proceedings.
Is there a duty on the local authority to ensure regular reviews of a parent's
litigation capacity
during proceedings?
Because the institution decision comes at the outset of the
proceedings and the patentee is not obligated to respond before the Board makes its institution decision, it is hardly surprising that the Board can not predict all the legal or factual questions that the parties may raise
during the
litigation.
Matters which come to light
during the course of civil
litigation can have repercussions beyond the immediate context of those
proceedings.
The elite group of just 28 members nationwide were selected on the basis of their national reputation and achievements in
litigation support, forensic accounting and business valuation, their history of serving members of the American Academy of Matrimonial Lawyers (AAML) and their clients in complex financial matters
during divorce
proceedings, and their commitment to integrity in the process.
During his time at Banks Shapiro (4/2002 to 1/2006), he represented clients in both Supreme and Family Court, handling custody, child support, visitation, equitable distribution, family offence
proceedings, prenuptial and post-nuptial agreements, separation agreements, stipulations of settlement, and all other facets of matrimonial
litigation.
During the pendency of this
litigation, Jeffrey and his then - wife Laurie initiated dissolution
proceedings, resulting in the issuance of a divorce decree in November 2010, which incorporated a separation agreement dated October 26, 2010.
They act as a liaison between the
litigation attorney and external agencies and execute the preparation and filing of the documents generated
during court
proceedings.
Any experienced Collaborative Practiceyer will tell you that there is a big difference between a settlement that is negotiated
during the conventional
litigation process, and a settlement that takes place in the context of an agreement that there will be no court
proceedings or even the threat of court.