Sentences with phrase «liability claim requires»

The failure to establish that the seatbelt sleeve was in a defective condition unreasonably dangerous to the user for purposes of the strict liability claim requires the dismissal of the companion negligence claim.

A product liability claim requires the plaintiff to demonstrate a design defect, a manufacturing flaw or a failure to warn of dangers.

Each type of products liability claim requires different elements to be proven to present a successful claim, and this is why you need an experienced Products Liability attorney to help guide you in the right direction.

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.

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

A trust for General Motors holding many of the carmaker's liabilities from before its 2009 bankruptcy has revived a deal with plaintiffs suing over faulty ignition switches that might require the company to pay $ 1 billion in shares to resolve millions of claims.

Except where prohibited: (i) entry into the Promotion constitutes the consent of the entrant, without further compensation, to use his / her name, likeness, biographical data, and contact information for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and / or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability / publicity release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel / activities and / or use of the prize.

Potential Winners will be required to execute an Affidavit of Eligibility, Release of Liability and Prize Acceptance Form (collectively, the «Prize Claim Documents»).

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 distclaims; 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 distClaims Act on negligence claims against school distclaims against school districts.

Roughly 4.5 million people are bitten each year in the U.S. and about 885,000 require medical attention — half of whom are children and many result in liability insurance claims.

Filing a liability claim against the responsible party requires an acceptance of fault, as well as a potentially long battle.

That's one of the benefits of having renters insurance in Montgomery County; The Maryland renters insurance company is required as part of the policy to defend you against claims and suits which could result in a claim under your liability coverage being paid.

That's called medical payments to others, and it doesn't require finding fault or a liability claim.

Liability claims tend to require much more detailed review than property claims.

Your lease probably requires it, and one liability claim is all it takes to wipe out everything you've accumulated over the years.

It doesn't require finding of fault or negligence, and it's designed to make small injuries suffered by guests get resolved quickly and efficiently without worries about a liability claim or a lawsuit.

Unfortunately, the minimum amounts required on insurance policies like auto or RV, for example, often will leave you and your assets vulnerable in the event of a large liability claim or lawsuit.

Did you know that your Woodbridge, VA Renters Insurance has a small coverage for damage to property of others that doesn't require a liability claim to be filed?

If a claim is brought against you under your renters insurance liability, your insurance company is required to defend that claim on your behalf.

For reference, I'm from the UK where all car insurance is required to provide unlimited liability for 3rd party claims (c.f. the Great Heck rail crash).

The minimum liability coverage required by state law is very low compared to the high cost of a legal claim, especially against a business.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

HF 1221 / SF 1015: Extends farmer protection from nuisance liability to feedlots of all sizes, and requires mandatory mediation for all nuisance claims against agricultural operations.

In a host agency, it is probably impossible to prevent all liability for bad advice or booking errors, but training new ICs and requiring ICs to obtain signed disclaimers will probably prevent most claims.

Release of Liability — A «Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement» is required to be signed prior to skiing or riding.

For New Jersey users, you would not be required to defend, indemnify or hold harmless Michaels and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs or expenses arising out of Michaels own negligence.

If there is an accident, they are required to contribute to a collective industry fund of about $ 13 billion to pay liability claims.

You shall indemnify, defend, and hold harmless Tiny House Design & Living LLC from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Tiny House Design & Living LLC may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party's right.

If liability exceeds $ 13 billion, Congress can require nuclear utilities collectively to pay more to settle the additional claims.

After the accident, whether you are required to adhere to the California Tort Claims Act in pursuing a claim for your injuries will depend on whether the organization is an «arm of the state» for purposes of immunity to liability.

The plaintiff's claims required our attorneys to undertake an extensive analysis of the standards for imposing liability on municipalities, and whether the Due Process Clause was implicated by either the state - created danger doctrine or the special relationship doctrine.

Just as with auto accidents, boating accident claims require an act of negligence in order to place liability onto a guilty party.

A knowledgeable product liability lawyer can review your claim, offer sound legal advice, and advocate aggressively for the reimbursement you require.

The court stated that allowing this to be certified would essentially require hundreds of mini-trials to determine these professional liability claims.

This article discusses two recent G.L. c. 93A and c. 176D cases, which reverse the rule in Thaler, which had required insurance companies to settle personal injury claims for policy limits without a release when liability was not disputed and the damages exceeded the policy limits.

Unlike most medical negligence claims in New York, claims against a medical product manufacturer require the establishment of a different theory of liability.

Since the statute requires the injury victim to prove the owner's actual or constructive knowledge of the «dangerous condition» and the need to take «action to remedy it,» you need to have proof to support your claim of this knowledge from someone who's your opponent here, who is denying liability.

Pursuing a products liability claim often requires extensive financial resources, the retention of outside experts, and an understanding of complex engineering and design issues.

A new university study and the ever - increasing use of wireless devices, such as the BlackBerry, could result in a flood of lawsuits against employers for creating an allegedly dangerous environment where unpaid overwork is required for success, promotion and job security, a leading law firm warns -LSB-...] Giving rise to possible claims, is a recent study by Gayle Porter, Associate Professor of Management at Rutgers University in New Jersey, which suggests possible liability for companies if they keep their employees on «electronic leashes» as part of their job requirements.

Most civil claims have a benchmark of liability that requires proof based on a «preponderance of evidence», as opposed to guilt «beyond a reasonable doubt.»

A product liability claim regarding your bicycle accident could require a full analysis and expert testimony.

Each state will require different amounts of evidence when it comes to product liability claims.

Although many product liability claims are eventually settled, the corporations and their insurance companies fight vigorously any claim disputes, requiring that the law firm going against them puts forth at least as much force and use of resources to establish their negligence.

In a product liability lawsuit, plaintiffs are required to prove the following elements in a negligence claim:

If you are thinking about making a defective ladder claim, remember that products liability claims are complex and require first - rate legal representation.

[16] The SJC considered innovator liability to require such a modification given the certainty that a user of a generic drug will rely on the label fashioned by the brand - name manufacturer and as state law shields failure to warn claims from generic manufacturers, leaving plaintiffs without recourse for their injuries.

Issues in your potential claim, including compliance with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of an attorney with knowledge of motor vehicle accident liability.

The case involved a claim that Honeywell was due damages under a written agreement with a contractor requiring the contractor to indemnify Honeywell for liabilities Honeywell incurred as a result of a wrongful death claim filed by the family of the contractor's employee.

Any information required to assist the insurer, acting reasonably, to determine its liability for the payment, including access to inspect and copy the originals of any treatment confirmation form, treatment and assessment plan, assessment of attendant care needs and other documents giving rise to the claim for payment.