Sentences with phrase «in product liability actions»

The Ontario Sale of Goods Act may provide an alternative ground of recovery for plaintiffs in product liability actions.

The manufacturer of a product that contains a defect in the product's manufacture or design or as a result of the manufacturer's or seller's failure to warn of the product's dangers may be held liable in a product liability action for injuries sustained by a child as a result of the child's use of or exposure to the product.

$ 10 million recovered in a products liability action for the wrongful death of a spouse due to defective tire design.

We defended a fuel pump manufacturer in a product liability action arising out of a helicopter accident.

Panelist, «Employer Liability in a Product Liability Action After Crippen,» Essex County Bar Association Seminar, May 2004

We defended a European manufacturer of rotary aircraft in a product liability action arising from a fatal MedEvac helicopter crash.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

Important factors that may affect the Company's business and operations and that may cause actual results to differ materially from those in the forward - looking statements include, but are not limited to, increased competition; the Company's ability to maintain, extend and expand its reputation and brand image; the Company's ability to differentiate its products from other brands; the consolidation of retail customers; the Company's ability to predict, identify and interpret changes in consumer preferences and demand; the Company's ability to drive revenue growth in its key product categories, increase its market share, or add products; an impairment of the carrying value of goodwill or other indefinite - lived intangible assets; volatility in commodity, energy and other input costs; changes in the Company's management team or other key personnel; the Company's inability to realize the anticipated benefits from the Company's cost savings initiatives; changes in relationships with significant customers and suppliers; execution of the Company's international expansion strategy; changes in laws and regulations; legal claims or other regulatory enforcement actions; product recalls or product liability claims; unanticipated business disruptions; failure to successfully integrate the Company; the Company's ability to complete or realize the benefits from potential and completed acquisitions, alliances, divestitures or joint ventures; economic and political conditions in the nations in which the Company operates; the volatility of capital markets; increased pension, labor and people - related expenses; volatility in the market value of all or a portion of the derivatives that the Company uses; exchange rate fluctuations; disruptions in information technology networks and systems; the Company's inability to protect intellectual property rights; impacts of natural events in the locations in which the Company or its customers, suppliers or regulators operate; the Company's indebtedness and ability to pay such indebtedness; the Company's dividend payments on its Series A Preferred Stock; tax law changes or interpretations; pricing actions; and other factors.

Important factors that may affect the Company's business and operations and that may cause actual results to differ materially from those in the forward - looking statements include, but are not limited to, operating in a highly competitive industry; changes in the retail landscape or the loss of key retail customers; the Company's ability to maintain, extend and expand its reputation and brand image; the impacts of the Company's international operations; the Company's ability to leverage its brand value; the Company's ability to predict, identify and interpret changes in consumer preferences and demand; the Company's ability to drive revenue growth in its key product categories, increase its market share, or add products; an impairment of the carrying value of goodwill or other indefinite - lived intangible assets; volatility in commodity, energy and other input costs; changes in the Company's management team or other key personnel; the Company's ability to realize the anticipated benefits from its cost savings initiatives; changes in relationships with significant customers and suppliers; the execution of the Company's international expansion strategy; tax law changes or interpretations; legal claims or other regulatory enforcement actions; product recalls or product liability claims; unanticipated business disruptions; the Company's ability to complete or realize the benefits from potential and completed acquisitions, alliances, divestitures or joint ventures; economic and political conditions in the United States and in various other nations in which we operate; the volatility of capital markets; increased pension, labor and people - related expenses; volatility in the market value of all or a portion of the derivatives we use; exchange rate fluctuations; risks associated with information technology and systems, including service interruptions, misappropriation of data or breaches of security; the Company's ability to protect intellectual property rights; impacts of natural events in the locations in which we or the Company's customers, suppliers or regulators operate; the Company's indebtedness and ability to pay such indebtedness; the Company's ownership structure; the impact of future sales of its common stock in the public markets; the Company's ability to continue to pay a regular dividend; changes in laws and regulations; restatements of the Company's consolidated financial statements; and other factors.

Important factors that may affect the Company's business and operations and that may cause actual results to differ materially from those in the forward - looking statements include, but are not limited to, increased competition; the Company's ability to maintain, extend and expand its reputation and brand image; the Company's ability to differentiate its products from other brands; the consolidation of retail customers; the Company's ability to predict, identify and interpret changes in consumer preferences and demand; the Company's ability to drive revenue growth in its key product categories, increase its market share or add products; an impairment of the carrying value of goodwill or other indefinite - lived intangible assets; volatility in commodity, energy and other input costs; changes in the Company's management team or other key personnel; the Company's inability to realize the anticipated benefits from the Company's cost savings initiatives; changes in relationships with significant customers and suppliers; execution of the Company's international expansion strategy; changes in laws and regulations; legal claims or other regulatory enforcement actions; product recalls or product liability claims; unanticipated business disruptions; failure to successfully integrate the business and operations of the Company in the expected time frame; the Company's ability to complete or realize the benefits from potential and completed acquisitions, alliances, divestitures or joint ventures; economic and political conditions in the nations in which the Company operates; the volatility of capital markets; increased pension, labor and people - related expenses; volatility in the market value of all or a portion of the derivatives that the Company uses; exchange rate fluctuations; risks associated with information technology and systems, including service interruptions, misappropriation of data or breaches of security; the Company's inability to protect intellectual property rights; impacts of natural events in the locations in which the Company or its customers, suppliers or regulators operate; the Company's indebtedness and ability to pay such indebtedness; tax law changes or interpretations; and other factors.

Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry ® World ™; risks related to the collection, storage, transmission, use and disclosure of confidential and personal information; BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry.

Notwithstanding anything to the contrary herein, if Thing Daemon believes in its discretion that your sale or any products, services, content or other materials in the listing or on Thing Daemon's servers may create liability for Thing Daemon or harm other users of the Services, then you agree that Thing Daemon may take any actions with respect to the content or materials or listing that Thing Daemon believes are prudent or necessary to minimize or eliminate our potential liability or to protect other users of our Services.

You shall indemnify The Endocrine Society and its directors, officers, employees, agents, contractors and licensors («The Endocrine Society Indemnitees») against all claims, actions, suits, and other proceedings («Claims») arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with such Claims.

Mr. Leopold specializes in consumer justice litigation with a focus on complex products liability, managed care, catastrophic injury and class action litigation.

If a defect in a product is found to have been a cause of a child's flame - burn injury, the manufacturer of the product and anyone in the chain of the product's distribution may be found liable for the injuries suffered by the child in a product - liability action.

Best known for handling large - scale international mandates including class actions and liability matters, Freshfields Bruckhaus Deringer has been representing Volkswagen and its subsidiaries Audi, Porsche and Skoda in several product - related civil actions in various jurisdictions.

A multi-faceted lawyer, Ms. Mullis has also represented large, international manufacturers and suppliers in both residential and commercial product liability actions.

Managing Partner Theodore J. Leopold specializes in consumer justice litigation with a focus on complex products liability, managed care, catastrophic injury and class action litigation.

William also has an interest in medical product liability claims, having acted in several group actions (including the Oral Contraceptive Pill, MMR and Depuy Hylamer prosthetic implants cases) and has advised in relation to various medical and surgical products, including the use of transvaginal mesh.

John concentrates his practice on representing corporate clients in tort defense, products liability, mass torts, class actions, toxic torts, asbestos, litigation management, food liability, professional liability, pharmaceutical and medical device litigation, environmental litigation, intellectual property litigation, construction defect litigation, general liability, premises liability, and business and insurance disputes.

Tom practices in the area of civil litigation focusing on corporate / commercial litigation, securities litigation, product liability defence and class action defence.

His practice covers a range of litigation, including commercial, class action defense, product liability, mass tort, environmental, trade secret, insurance coverage, and real property title disputes in state and federal courts.

Represented Bristol - Myers Squibb before the Supreme Court in an appeal in relation to a product liability class action over the drug Plavix.

With deep experience in product liability matters and class action litigation, including catastrophic injury and wrongful death cases, as well as consumer fraud, he represents national and international companies, including manufacturers of motor vehicles, power tools, pharmaceuticals, clothing, glass products, outdoor power equipment, and industrial machinery.

He has broad strengths in cases concerning intellectual property, regulatory challenges, class actions and product liability.

Her practice includes the defense of product liability actions, including those involving pharmaceutical and vehicular products, among others, the prosecution and defense of negligence actions, including malpractice actions, the defense of toxic tort and environmental actions, the representation of creatives and entertainment companies in contract negotiations, contractual disputes, and other disputes, and the representation of employers in labor matters.

Supreme Court Limits Federal Courts» Power to Enjoin Class Actions In State Courts - Highlighting the Importance of CAFA - Product Liability Update

Our attorneys represent clients in a wide variety of practice areas, such as car accidents, medical malpractice, product liability, workers» compensation, labor and employment, class action lawsuits, and more.

He has represented a broad spectrum of clients in products liability and class action matters, breach of warranty claims, wrongful death claims, tort and personal injury claims, professional liability claims and other areas of civil litigation.

Caterpillar Product Liability Litigation: Mr. Leopold was co-lead counsel in a class action lawsuit alleging Caterpillar sold diesel engines with defective exhaust emissions system that resulted in power losses and shutdowns.

In either case, the manufacturer of the defective shield or grate and anyone in the chain of the product's distribution may be held liable in a product - liability action for the flame - burn injuries suffered by the child as a result of the defecIn either case, the manufacturer of the defective shield or grate and anyone in the chain of the product's distribution may be held liable in a product - liability action for the flame - burn injuries suffered by the child as a result of the defecin the chain of the product's distribution may be held liable in a product - liability action for the flame - burn injuries suffered by the child as a result of the defecin a product - liability action for the flame - burn injuries suffered by the child as a result of the defect.

V Andre Sherman is a trial lawyer specializing in the areas of product liability, pharmaceutical mass torts, consumer and employment class actions, and business litigation.

Lum defends clients in product liability and mass tort litigation, putative class actions, personal injury cases, and long - term care facility and nursing home litigation.

We have neutrals with extensive experience in virtually every practice area, including antitrust, banking, civil rights, consumer actions, employment, environmental / toxic tort, healthcare, insurance coverage, intellectual property, product liability / torts, pharmaceutical / medical devices, securities, and unfair business practices.

Stephen A. LeClainche, Of Counsel at the firm, was selected for inclusion in the fields of Product Liability Litigation, Personal Injury Litigation and Mass Tort Litigation / Class Actions for the Plaintiffs practice.

Leslie M. Kroeger, a Partner at the firm, was selected for inclusion in the fields of Product Liability Litigation and Mass Tort Litigation / Class Actions for the Plaintiffs practice.

As a final note, the appellate court concluded that the primary shortfall in the patient's claim was that it simply was not a product liability action.

In a complex products liability action involving alleged PCB contamination of a state office building, the Appellate Practice Group joined forces with litigation counsel to convert a $ 60 million judgment to a defense verdict for a large, multinational company.

If a defective product is found to have been a cause of a fetus's death, the manufacturer of the product and anyone in the chain of the product's distribution may be found liable in a product - liability action for the fetus's death.

She has experience defending clients in product liability and mass tort litigation, putative class actions, personal injury cases, and long - term care and nursing home litigation.

We routinely handle cases in areas of law such as catastrophic / excess liability; ERISA; class actions; construction practices; general commercial litigation; insurance coverage and bad faith; insurance fraud; insurance professional liability; life health and disability; medical professional liability; product liability; subrogation; and toxic and environmental torts.

Corey Brady is an associate in Weil's Complex Commercial Litigation practice, where he focuses on litigating a wide variety of disputes, including class actions, product liability and environmental claims, and bankruptcy and restructuring engagements.

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.

«As you can imagine, the incidence of class actions in Canada is not going to decrease as time goes on,» says Korbak, whose work also involves franchise law, product liability and general corporate commercial law.

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

Lawrence Theall, a Toronto lawyer and co-author of a legal text on product liability in Canada, says he thinks that proposed class actions, such as the Vitaminwater case, are less likely to succeed in our courts.

His environmental and tort litigation experience includes dozens of products liability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort dliability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort dLiability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort doctrines.

Mr. Cacace has represented clients in a wide range of matters in state and federal trial and appellate courts, including business litigation, intellectual property disputes, product liability actions, consumer class actions, and real estate disputes.

Initially, David represented clients in work - related accidents, product liability lawsuits, medical negligence litigation, and employer - employee civil rights actions.

Based in Bloomfield Hills, Michigan, Wolfe concentrates his practice on discovery and e-discovery issues, as well as on class actions and product liability litigation.