We are proud
of our substantial litigation experience and the innovative results we achieve are evidence of that.
Not exact matches
Nonetheless, the judge said «
substantial damages are not a reason to decline class certification,» because he could reduce them at a later stage
of the
litigation.
Such risks and uncertainties include, but are not limited to: our ability to achieve our financial, strategic and operational plans or initiatives; our ability to predict and manage medical costs and price effectively and develop and maintain good relationships with physicians, hospitals and other health care providers; the impact
of modifications to our operations and processes; our ability to identify potential strategic acquisitions or transactions and realize the expected benefits
of such transactions, including with respect to the Merger; the
substantial level
of government regulation over our business and the potential effects
of new laws or regulations or changes in existing laws or regulations; the outcome
of litigation, regulatory audits, investigations, actions and / or guaranty fund assessments; uncertainties surrounding participation in government - sponsored programs such as Medicare; the effectiveness and security
of our information technology and other business systems; unfavorable industry, economic or political conditions, including foreign currency movements; acts
of war, terrorism, natural disasters or pandemics; our ability to obtain shareholder or regulatory approvals required for the Merger or the requirement to accept conditions that could reduce the anticipated benefits
of the Merger as a condition to obtaining regulatory approvals; a longer time than anticipated to consummate the proposed Merger; problems regarding the successful integration
of the businesses
of Express Scripts and Cigna; unexpected costs regarding the proposed Merger; diversion
of management's attention from ongoing business operations and opportunities during the pendency
of the Merger; potential
litigation associated with the proposed Merger; the ability to retain key personnel; the availability
of financing, including relating to the proposed Merger; effects on the businesses as a result
of uncertainty surrounding the proposed Merger; as well as more specific risks and uncertainties discussed in our most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor Relations section
of www.cigna.com as well as on Express Scripts» most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor Relations section
of www.express-scripts.com.
Furthermore, because
of the
substantial amount
of discovery required in connection with intellectual property
litigation, there is a risk that some
of our confidential information could be compromised by disclosure.
«These settlements provide
substantial closure to five years
of litigation,» said Transocean CEO Jeremy Thigpen in a statement.
Examples
of these risks, uncertainties and other factors include, but are not limited to the impact
of: adverse general economic and related factors, such as fluctuating or increasing levels
of unemployment, underemployment and the volatility
of fuel prices, declines in the securities and real estate markets, and perceptions
of these conditions that decrease the level
of disposable income
of consumers or consumer confidence; adverse events impacting the security
of travel, such as terrorist acts, armed conflict and threats thereof, acts
of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread
of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment
of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our
substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount
of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion
of our assets pledged as collateral under our existing debt agreements and the ability
of our creditors to accelerate the repayment
of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss
of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price
of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times
of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability
of attractive port destinations; pending or threatened
litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.
I am also proud
of you for being able to support your children and take care
of yourself while going through
substantial litigation which resulted in both financial difficulties and was probably emotionally traumatic.
Perinatal events can result in associated longer term health and broader societal costs, as shown by the size
of damages paid in obstetric
litigation cases, which represent a
substantial cost to the NHS.27 Follow - up over weeks or longer to monitor recovery, or a future assessment
of the outcomes for mothers and babies at a later date, would act as a vehicle for estimating costs and consequences beyond the perinatal period and shed more light on long term cost effectiveness.
The bill would also require claimants to show
substantial harm, corporate bodies to show financial loss and encourage the speedy settlement
of disputes without recourse to costly
litigation.
But Mr Jack said there was a «
substantial» risk the clause would result in «
litigation affecting the boundaries
of jurisdiction between the courts and parliament».
This new edition
of the book need take nothing back: the refusal or inability (often as a result
of litigation)
of schools to take into account or respond to the distinctive characteristics
of boys is even more marked, the gap in school achievement between boys and girls even more
substantial and troubling than in 2000.
Donoghue says that although it took a couple
of years, he has begun to land «
substantial litigation business» through the blog.
Nicholas Dobson charts the
substantial litigation necessary to maintain the integrity
of the 11 - plus
The District Court denied Kirtsaeng's motion, giving» «
substantial weight» to the «objective reasonableness»
of Wiley's infringement claim,» and stating that» «the imposition
of a fee award against a copyright holder with an objectively reasonable» - although unsuccessful - «
litigation position will generally not promote the purposes
of the Copyright Act,»» and that no other factors «outweighed» that objective reasonableness to warrant fee - shifting.
As a Partner in the firm's
Litigation Division for over 25 years, John dealt with a wide range
of substantial commercial disputes, with experience
of resolving cases in the Courts, by arbitration and through ADR.
Siddharth acts as an advocate and advisor in
substantial commercial
litigation and arbitration disputes spanning the full breadth
of Chambers» work.
She's certainly the best litigator,» comments one source, adding: «If you want a
substantial piece
of litigation she's head and shoulders above the rest.
This top Tulsabusiness law firmpractices in a number
of legal areasbringing
substantial expertise to each problem a client may experience, including taxation, bankruptcy, business planning and
litigation.
[41:11] When you set up this process, we're talking about FCPA, but they also translate into civil
litigation internal investigations, so there's one process that can bend and stretch into the rest
of your legal practice internal, saving you a
substantial amount
of money.
The firm undertakes a significant amount
of non-contentious work alongside its
substantial workload
of civil and criminal
litigation, and also provides transactional support concerning future liability for occupational illnesses, such as asbestos - related diseases.
5) Counsel is informed or discovers the existence
of information which has been falsified or should have been but has not been provided by the solicitor, client or any
Litigation Friend,
of which counsel was not aware and which counsel could not reasonably have anticipated, which materially affects the merits
of any
substantial issue in the case;
The Brickley Law has
substantial experience with family law cases, including the creation, execution, and
litigation of probate processes.
; «He puts his point across in a measured and compelling manner»; «A sought - after junior with wide - ranging commercial experience in both
litigation and arbitration»; «One
of the first choices on the team sheet for a
substantial case»; «Very detail - oriented and able to analyse a large amount
of information quickly and efficiently»; «One
of the first choices for a fraud case.
The lawyers at Surovell, Isaacs, & Levy PLC have
substantial experience and knowledge in a wide range
of estate and fiduciary
litigation matters.
In addition to his duties as managing partner, he is also a member
of Morgan & Morgan's Interstate Trucking
Litigation practice group and devotes a
substantial portion
of his practice to helping the families
of those injured in commercial motor vehicle and trucking crashes.
We also have
substantial litigation experience, which includes the analysis
of patent lawsuits prior to filing and serving as patent experts during
litigation.
Over the past 35 years, Ben has developed
substantial litigation and subject matter expertise defending licensed professionals, entrepreneurs, and senior executives in essentially every type
of business dispute involving securities, malpractice, trusts, and employment issues.
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.
KATS has been involved in a
substantial amount
of arbitration, mediation and negotiation proceedings and have secured countless out
of court settlements on behalf clients; saving the client time, expense and other unforeseeable constraints
of unnecessary
litigation.
In particular, Rule 26 (b)(3) eliminates the distinction between attorney work - product and non-attorney work - product, focusing on whether the materials were prepared in anticipation
of litigation or trial.28 Further, Rule 26 (b)(3) preserves work - product protections unless the party seeking discovery has a «
substantial need» for the materials in the preparation
of the party's case and the party is unable without «undue hardship» to obtain the «
substantial equivalent»
of the materials by other means.29
A
substantial portion
of our practice arises from the representation
of both insurers and their insureds in all types
of litigation.
Katie is a member
of Lewis Wagner's Transportation Practice Group where she devotes a
substantial amount
of her practice to representing commercial carriers and drivers in
litigation involving wrongful death, catastrophic injury and property damage claims.
Nadler continued noting that Republican FTC Chairman William Kovacic had warned: «Without a
substantial, effective administrative
litigation program, the aim
of making the Commission an influential competition policy tribunal could not be accomplished.»
«[171] While it is true that the common issues trial will not necessarily be dispositive
of all issues between the Class Members, and some
of the Class Members (but not the Section 97 Group members [Group 1 in this article]-RRB- will have to go on to individual issues trials, the common issues trial will make a
substantial advance in the
litigation and will determine whether it is worthwhile for the Assessed Group and the No DOTP Group [Group 2 and 3 in this article] to proceed to individual issues trials for a quantification
of their losses.
David's blog has won an award for the best law blog in Chicago, has been named to the ABA's top 100 law blogs and he has landed
substantial litigation business as a result
of his efforts.
All
of these ideas directly addressed some
of the significant gaps that we observe in civil
litigation, and if implemented would provide
substantial improvements.
Consultant, Interights: Along with Professor James Crawford SC, I prepared a
substantial expert report on matters
of public international law in support
of pending
litigation before the European Court
of Human Rights in the case
of Baltasar Garzón v Spain.
As one
of the nation's leading lawyers in the emerging field
of state unclaimed property laws, John devotes a
substantial part
of his practice to representing and advising a variety
of manufacturers, retailers, distributors, financial institutions, pharmaceutical companies, telecommunications and transportation companies, utilities, service providers and other types
of businesses on complex multi-state unclaimed property audits,
litigation, voluntary disclosure agreements and transactional issues.
Justice Marshall ordered that all
of the parties who participated in the
litigation receive their costs from Cynthia's estate on a solicitor / client basis (the Newfoundland equivalent
of substantial indemnity costs).
Nigel has recently appeared in
litigation about the estate
of a deceased Middle Eastern businessman; acted in a dispute between a financial consultant and a client about success fees; advised in a dispute about the transfer
of a
substantial importation and distribution contract; and acted in a dispute between a shipping conglomerate and a financial consultant in relation to attempts to raise major finance for investment in new container vessels.
Mr. Lough devotes a
substantial majority
of his practice to
litigation.
With respect to the size
of the fee award, the appellate court was «not unmindful»
of this factor, but gave credence to the trial judge's assessment that plaintiff used a classic «shotgun»
litigation strategy, so he bore
substantial responsibility and should have expected Bank would incur
substantial fees.
He has represented companies in a variety
of governmental investigations and has
substantial experience representing owners involved in intra-corporate disputes, including shareholder
litigation and close - corporation control matters.
Fourth, there is
substantial evidence indicating that the normal incidents
of the attorney - client relationship were often absent in
litigation handled by staff lawyers and financed by petitioner.
Notable examples include acting for accountants in long - running
litigation arising out
of a failed tax avoidance scheme; acting for the developer and manufacturer
of an offshore drilling system following an accident in operation; representing one
of the Defendants in Novoship v Mikhaylyuk & Others, concerning allegations
of bribery and secret profits; appearing in a
substantial LCIA arbitration about the theft
of oil stocks in East Africa;, successfully representing a broker in
litigation against a former client under a futures brokerage contract in Sucden v Fluxo - Cane [2010] 2 CLC 216; and The «Ekha» [2011] 1 All ER Comm 1077, long - running
litigation in the Commercial Court and Court
of Appeal about an offshore drilling contract.
Another point is that the law considers it just if parties voluntarily assume the risk
of a
substantial difference between liquidated and actual damages to avoid the joys
of litigation.
These developments suggest a greater willingness on the part
of the Federal Court to compensate successful parties in line with the actual financial stakes
of patent
litigation and suggest that if a successful party is entitled to equitable remedies, the court is more willing to award
substantial equitable monetary remedies to the successful party.
** An hourly rate in excess
of the guideline figures may be appropriate for Grade A fee earners in
substantial and complex
litigation where other factors, including the value
of the
litigation, the level
of complexity, the urgency or importance
of the matter as well as any international element would justify a significantly higher rate to reflect higher average costs.
They also raise the prospect
of substantial future
litigation, as many highly paid City executives have long - term incentive plan arrangements containing covenants governed by US laws.
There was general sense, if CFAs were to be a
substantial means
of financing civil
litigation, that they should not be overcomplicated, that costs should be agreed wherever possible, and that, if there were to be contested costs proceedings, the means whereby the winning solicitor had financed
litigation which he had lost should extend to the costs proceedings at the same rate as the proceedings themselves, if that was what had been agreed with the client.