Sentences with phrase «litigation claims which»

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.

In 1985, the most recent year for which statistics are available, employers paid $ 21 billion in compensation claims, excluding administrative and litigation costs, compared with $ 5 billion a decade earlier.

«That is an explicit acknowledgment that this payment was about the election and was about hiding information from voters immediately before the presidential election,» said Paul S. Ryan, vice president of policy and litigation at watchdog group Common Cause, which filed a legal claim over the payment.

It can be financing the costs of a large single commercial litigation case or providing capital against a portfolio of legal claims, which allows pricing flexibility.

No matter which way the Court goes, it will risk opening another door to the bottomless pit of constitutional litigation based on claims of individual autonomy, whether it is called by that name or not.

I don't know how Margaret Chen is going to write the law when key money is being mentioned now in litigation for 68a Mott Street which means true market rents are much higher than reported (and that my mother is really charging a very low rent for an ongoing vacancy) but the fake rent is going to be used to claim so many things about owners.

Acting on behalf of 17 people suing the publisher of the now - defunct News of the World and the Sun over alleged phone hacking, David Sherborne claimed on Monday there were documents, emails and meeting agendas that showed senior executives including Murdoch and Rebekah Brooks pursued an email deletion policy that removed «emails that could be unhelpful in future litigation in which News International could be a defendant».

Just to let you know where we are in this case, which is proceeding with the deliberate pace of US litigation: In late 2014, Ellora's Cave sued Dear Author and Jane, its proprietor, claiming that Dear Author defamed EC by publishing a blog post stating that EC was not paying a set of its authors, editors, and cover artists in a timely fashion, and that there were additional indicia of financial difficulties, as evidenced by tax liens.

claims that are currently the subject of purported class action litigation in which you are not a Member of a certified class; and

The FHA began developing a loan defect taxonomy several years ago in response to the False Claims Act litigation the Justice Department filed against FHA lenders, which resulted in large fines and prompted many banks to exit the FHA single - family mortgage program.

It suggests that the «litigation» mentioned by Dr Wegman is a copyright violation claim by Elsevier which owns Academic Press, the publisher of Bradley's Reconstructing Climates of the Quaternary.

The post likens the Katrina plaintiffs» claims, which set out a chain of causation, to the litigation equivalent of «Six Degrees of Kevin Bacon.»

Pruitt also said that the CPP is inconsistent with the Clean Air Act, which is a legally dubious claim, according to environmental law experts, who say the issue is still under litigation in U.S. federal district court in Washington, D.C.

I was also endorsed for litigation, legal research and legal writing, only the last of which I could plausibly claim as a viable... more»

I was also endorsed for litigation, legal research and legal writing, only the last of which I could plausibly claim as a viable talent.

This is what we refer to as a Litigation Risk Analysis, which calculates the value of a claim by multiplying the claim amount (e.g., $ 25 million) times the likelihood of success (e.g., 60 - 80 %) to provide a risk adjusted value of a claim (here, a range of $ 15 — $ 20 million).

Following a successful claim against a fund manager, the High Court made a non-party costs order against five investors in the fund who had met the costs of the defence, had an interest in the outcome of the claim (which need not be financial), and had control over the litigation by making major decisions.

Conducting the defence of a multi-million pound whistleblowing claim brought by a senior employee of a UK retail bank which involved investigation of all allegations, liaising with the regulator, liaising with the police in relation to criminal prosecutions, and defending the employment litigation brought by the relevant employee.

He emphasised that divorce proceedings which are generally administrative and straight - forward, should not be tied up with the sometimes very protracted litigation for the few divorcing couples with contested financial claims.

Mesa Law Firm represented the injured woman, and after a highly contested litigation, the insurance company for the negligent motorist, which company from the beginning of the claim offered very little money, agreed to pay the amount demanded just a few weeks before trial was set to begin.

Steptoe's toxic tort litigation practice, which was recognized in the 2014 and 2015 editions of The Legal 500 US for providing «exceptional skill and service,» defends toxic tort, product liability and environmental claims nationwide for the chemical, petrochemical, aerospace, manufacturing, and agricultural industries.

Sima Fried is an attorney in the firm's civil litigation practice area — which includes its labor and employment practice and its construction claims practice — and provides our clients with the highest level of legal representation in all aspects of their civil litigation needs.

The initially promised affordability of the «unitary patent» and Unified Patent Court (UPC) especially for small and medium - sized enterprises (SMEs), which was repeated almost mantra - like throughout the EU legislative proceedings as one reason why the reform was of utmost importance, ultimately turned out to be pretty much the opposite, with the level of representation costs to be reimbursed by the losing to the winning party amounting to up to more than five times the sum which can currently be claimed in patent litigation proceedings before the German courts (for more details on the cost situation created by the reform, cf. the article «Unitary patent and court system — A poisoned gift for SMEs» here).

3) all relevant papers and risk assessment material, including all advice from experts and other solicitors or barristers to the client or any Litigation Friend in respect of the claim, which is currently available to the solicitor; and

In Nasr, the Court has signalled that a formal denial letter is a signpost marking the end of negotiations and the commencement of a period in which litigation is legally «appropriate» — at which point the claim is «discovered» and the limitation period begins to run.

The claimant brought this application for an order that the defendants disclose an independent adjuster's report and audio statements over which litigation privilege was claimed.

Whether through litigation or negotiation, our attorneys will make sure you receive the full value of your claim which includes any future medical or financial needs resulting from the accident.

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

The importer appealed to the Supreme Court, which held that in copyright cases the «objective reasonableness» of the losing party's legal position carries «substantial weight» in deciding whether to grant attorneys» fees to the winning party — but that factor alone is not dispositive: a party's litigation misconduct or «repeated» infringement or «overaggressive» enforcement of claims could also justify a fee award even if a party's legal argument was reasonable.

I have been in the insurance litigation business for 15 years now, 10 of which I spent litigating for and advising insurance companies in Atlanta, and car accident lawyers followed a simple rule then; investigate thoroughly and if the claim had merit offer a fair but discounted for present day value sum.

The Birmingham litigation is the largest of the claims against local authority employers arising out of the implementation of «single status», the framework which was aimed at removing pay differentials between men and women, and which was intended to be in place across all local authorities by April 2007.

Not only can these abdications of professional responsibility result in malpractice claims and needless litigation, they also lead to comical usage bungles, some of which end up as examples in legal - writing texts.

While the Birmingham litigation, and numerous similar claims, will continue to rumble on, future claims are likely to be brought under the new, consolidated provisions contained within the Equality Act 2010, the bulk of which come into force in October 2010.

Andy McGregor, banking litigation partner at RPC, says: «The banks will have been negotiating with the regulator for months trying to come to a settlement to reduce the size of their fine, but also trying to limit the extent to which the FCA's final penalty notice includes any admissions or evidence that could be used against them in a potential civil claim in the future.

[49] In the absence of such contemporaneous, reliable, objective records, in subsequent appellate court litigation regarding «ineffective assistance» claims, which may potentially unfold years later, trial counsel is left to try to recall the details of such interactions without the benefit of any type of aide - mémoire, and the appellate court is left to assess the reliability of such recollections without any objective verification.

Litigation funders will pay all or some of the costs and disbursements involved in litigation, which will be repaid along with a share of any damages awarded if the claim is sLitigation funders will pay all or some of the costs and disbursements involved in litigation, which will be repaid along with a share of any damages awarded if the claim is slitigation, which will be repaid along with a share of any damages awarded if the claim is successful.

In counseling their clients, in - house counsel should carefully consider the nature of the business and the composition of the workforce; their prior experiences with employee claims; and with litigation in court and / or in arbitration; before deciding which litigation process best suits their company.

We are also familiar with the myriad of cost sharing agreements and client constitution arrangements that bind group litigation, which may be especially complex where claimants have different preliminary challenges to their specific claims.

The limitation period does not run during any time during which the person having the claim is a minor and is not represented by a litigation guardian with relation to the claim (s. 15 (4)(b)-RRB-;

In the context of the new Pt 36, where money claims and non-money claims are treated in the same way, «more advantageous» is an open - textured phrase, permitting a wide - ranging review of all the facts and circumstances of the case in deciding whether or not the judgment, which is the fruit of the litigation, was worth the fight.

The RBS rights issue litigation, the Lloyds Bank shareholder action, the claim by Tesco shareholders in connection with its overstated accounts, the Volkswagen emissions scandal, and the Morrisons data breach claim, all demonstrate the ability of the GLO process to permit claimants to seek recovery for losses which would perhaps previously have been written off.

According to TheJudge's website, «Third - party funders view legal claims as financial assets, in which they may invest in exchange for a return based upon the success of the funded litigation or arbitration.

The fervor with which they pursue their claim (often their life's sole focus, often misconceived, and often containing vexatious and extreme allegations against your client), and their lack of objectivity, significantly increase the costs of litigation for the defendant...» (Layperson vs. Lawyer: Dealing with Unrepresented Litigants http://www.cle.bc.ca/onlinestore/productdetails.aspx?cid=1039) Hmmm... sound familiar?

This will no doubt be a disappointing decision for defendants who had welcomed Master James» earlier decision, which sought to encourage the usage of mediation where it was available rather than incurring considerable costs of litigation for low value quality complaints claims.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

It should be noted that the proper claim construction standard for PTAB trial proceedings is a subject of patent reform bills pending in Congress, which would direct the USPTO to apply the same standard as that used in federal court litigation.

First, Congress intended the AIA post-grant proceedings to be a substitute for federal court litigation, in which court's use a different claim construction approach based on Phillips v. AWH Corp., 415 F. 3d 1303 (Fed.

I pride myself on the empathy I have for clients, my attention to detail and the ability to gain and maintain the confidence of my clients throughout the claims process which can at times become lengthy and involve complex litigation.

«Having considered the decisions, the writings and the various aspects of the public interest which claim attention, I have come to the conclusion that the court should state the relevant principle as follows: a document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to obtain legal advice or to conduct or aid in the conduct of litigation, at the time of its production in reasonable prospect, should be privileged and excluded from inspection.»

Further, Whipple J disagreed with the defendant's assertion that it had a 94 % litigation success rate, as it was not the number of claims in each category but, rather, the test claims which created the overarching legal principles.