Sentences with phrase «liability action for»

Defense of Ciba - Geigy in Massachusetts state court product liability action for severe dermatologic disorder, progressive paralysis and ultimately death allegedly due to prescription drug

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

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.

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 defect.

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.

Product - liability actions for inherently dangerous products take into account the fact that the dangers of such products are not generally known or understood by the average consumer — and certainly not by their children.

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.

When the judges ruled that the school officer's actions were protected under qualified immunity, which shields public officials from liability for civil damages, Gorsuch issued a colorful dissent arguing that the student should have been able to sue the officer for using excessive force.

Claim VI alleges that each defendant has derivative liability for the actions of the other defendants.

While Jesner suggests that five justices likely would rule that the federal courts should not recognize an ATS cause of action against American corporations for their overseas activities, several federal appeals courts have exhibited little willingness to limit the scope of ATS liability unless directly ordered to do so by the Supreme Court.

RBC I&TS makes no representation or warranties and accepts no responsibility or liability of any kind for their accuracy, reliability or completeness or for any action taken, or results obtained, from the use of the materials.

Markit shall not have any liability, duty or obligation for or relating to the content or information («data») contained herein, any errors, inaccuracies, omissions or delays in the data, or for any actions taken in reliance thereon.

We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of TWIST, whether arising in tort or contract, law or equity;

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

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.

Rather than face potential liability for their users» actions, most would likely not host any user content at all or would need to protect themselves by being actively engaged in censoring what we say, what we see, and what we do online.

We could also incur an indemnification obligation for significant U.S. federal income tax liabilities resulting from actions taken by us under the tax indemnity and sharing agreement.

This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.

As with a sole proprietorship, partners are personally liable for their business» actions because they co-own the business» assets and liabilities.

You will need liability insurance for cases where one of your customers suffers a loss or property damage as a result of your actions.

Those cases include decisions addressing the jurisdiction of the SEC, the CFTC and bank regulators over newly created derivatives and other financial instruments; the scope of the definition of a «security»; the availability of private damage actions; extraterritorial application of U.S. securities and futures laws; the standards of liability for fraud and manipulation; electronic trading markets; and the scope of fiduciary obligations of brokerage firms and banks.

Most of this improvement was due the lower expenses in the second year of the Economic Action Plan and extraordinary one - time liabilities (HST harmonization and increased employee future benefit liabilities), which inflated the deficit outcome for 2009 - 10.

The Trustee shall have no liability for any such action taken at the direction of the Sponsor or, in the absence of such direction, any action taken by it in good faith.

However, in no event shall Kontos Foods» total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this website.

Limitation of Liability Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of this website or information available in this website.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE USTA.

Leading up to Saturday's highly - anticipated Floyd Mayweather vs. Conor McGregor fight, mainstream sports media has jumped aboard the hype train, reporting on topics such as recreational vs. professional action, the handle the fight is generating and how current liability is concerning for Las Vegas sportsbooks.

Oddsmakers won't adjust their numbers based on public money unless there's massive liability on one side; however, with more casual bettors entering the marketplace for these marquee matchups, it's far more common for sportsbooks adjust for public action.

THE ACTION NETWORK GROUP ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS.

We do not have access to or control over these cookies, and we disclaim liability for the actions of all third - party vendors.

Betonline said the handle on the Patriots vs Colts game was the largest of the entire season, creating massive liabilities for the house with 1 sided Patriots action.

The reason for this is that when sportsbooks deal futures markets, they try to maintain a semblance of balanced action and attempt to limit liability on the worst case scenario.

You acknowledge and agree that MomsTeam shall not assume or have any liability for any action or inaction by MomsTeam with respect to any User Content.

N.J.S.A. 18A: 40 - 41.5 (2010) provides immunity from liability for school districts for the death or injury of a person due to the action or inaction of persons employed by or under contract with a youth sports team, provided there is an insurance policy of not less than $ 50,000 per person per incident, and a statement of compliance with the school district or nonpublic school's policies for the management of concussions and other head injuries.

By submitting images to Mass Audubon Picture This photo contest (hereafter referred to as «the photo contest»), participants agree to indemnify, defend and hold harmless Mass Audubon, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives, from any and all third party liability for any injuries, losses, claims, actions, demands or damages of any kind arising from or in connection with the photo contest (collectively, «Losses»), including without limitation any third party claim for copyright infringement or a violation of an individual's right to privacy and / or publicity right.

To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes.

«Would it therefore be correct to further suggest that your acts and / or omissions concerning the apparent diversion and sharing of the over $ 2 billion were such as to give rise to personal liability through command responsibility for the actions of your former NSA and others who worked under you?

But you still ultimately bear vicarious liability for the actions of your agents on your behalf,» he said.

«What was demanded was tremendously more than what the case was ultimately settled for,» he said, «and the judgment of settling the case was that we will save the state money on potential liabilities here, in addition to the fact that the assemblyman agreed to pay a sum for his own actions.»

The National Action Network has advocated and worked for several years on New York State's raising the age of criminal liability.

X. Limitation of Liability TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER SCIENTIFIC AMERICAN NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US.

To the full extent permissible by law New Scientist Ltd shall have no liability for any damage or loss (including, without limitation, financial loss, loss of profits, loss of business or any indirect or consequential loss), however it arises, resulting from the use of or inability to use this website or any material appearing on it or from any action or decision taken as a result of using the website or any such material.

To the full extent permissible by law New Scientist Limited shall have no liability for any damage or loss (including, without limitation, financial loss, loss of profits, loss of business or any indirect or consequential loss), however it arises, resulting from the use of or inability to use the Service or any material appearing on it or from any action or decision taken as a result of using the Service or any such material.

Their findings were unequivocal, revealing that equipping officers with naloxone does not raise their risk of being found legally liability for their on - the - job actions.

Liability for individual actions or omissions based upon the contents of this site is expressly disclaimed.

If the foregoing limitation is found to be invalid, you agree that the Weston A. Price Foundation parties» total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the maximum extent permitted by applicable law.

e)» Liability» means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or liaLiability» means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or lialiability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or liabilities;

By becoming a member and / or by using any of our site services, you certify and warrant that you are at least 18 years old, and you incur full liability for your actions.

We shall have no Liability to You for any delay in performance of this Service and / or any other matters to the extent that such events and / or matters are due to any events outside Our reasonable control including but not limited to acts of flood, fire, war, labour disputes, strikes, any kind of god, lock - outs, riots, civil commotion, hijacked airplanes, malicious damage, explosion, aliens from outer space, governmental actions and any other similar events.