Sentences with phrase «party litigation against»

Rather, the evidence submitted was an affidavit made in support of third party litigation against the insurance company.

Not exact matches

There was a fair amount of litigation against vertical mergers in the 1960s and 1970s, by the government and by private parties, but litigation declined sharply in 1980s.

Judge Brendan Shannon of the U.S. Bankruptcy Court in Wilmington, Del., indicated he would sign off on the plan, subject to changes, despite attorneys for the U.S. trustee and Securities and Exchange Commission arguing against the broad protections offered to third parties that could shield them from future litigation.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

Boehner directed the House general counsel to defend DOMA against litigation after the Bipartisan Legal Advisory Group on March 9 voted 3 - 2 along party lines to take up defense of the statute.

Among other opportunities, such as a nearly $ 2 billion exit financing for the company, most pending litigation against the company will be dismissed, if the parties involved are signers of the plan.

A brief notice filed September 14 showed the case against Author Solutions in Indiana was voluntarily dismissed, with prejudice, with the parties agreeing to end litigation and to pay their own costs and attorney fees.

Factors that could cause Blizzard Entertainment's actual future results to differ materially from those expressed in the forward - looking statements set forth in this release include, but are not limited to, sales of Blizzard Entertainment's titles, shifts in consumer spending trends, the seasonal and cyclical nature of the interactive game market, Blizzard Entertainment's ability to predict consumer preferences among competing hardware platforms (including next - generation hardware), declines in software pricing, product returns and price protection, product delays, retail acceptance of Blizzard Entertainment's products, adoption rate and availability of new hardware and related software, industry competition, rapid changes in technology and industry standards, protection of proprietary rights, litigation against Blizzard Entertainment, maintenance of relationships with key personnel, customers, vendors and third - party developers, domestic and international economic, financial and political conditions and policies, foreign exchange rates, integration of recent acquisitions and the identification of suitable future acquisition opportunities, Activision Blizzard's success in integrating the operations of Activision Publishing and Vivendi Games in a timely manner, or at all, and the combined company's ability to realize the anticipated benefits and synergies of the transaction to the extent, or in the timeframe, anticipated.

In Sharland v Sharland [2015] UKSC 60, [2016] 1 All ER 671 and Gohil v Gohil [2015] UKSC 61, [2016] 1 All ER 685, which were heard at the same time, the Supreme Court had to balance the importance of finality in litigation — in both cases the parties had reached agreement on all matters and had obtained consent orders approved by High Court judges (albeit that the order in Sharland had not been sealed); as against a material failure by a party to comply with their duty of disclosure.

Counseled a labor union concerning the implications of litigation by a third party against a major employer of union members.

If you have a grievance against another party, you should consult with a civil litigation attorney to learn more about your rights.

If an allegation arises that the litigation guardian's negligence contributed to the child's injuries can Third Party proceedings be brought against the litigation guardian?

Slater, reduced by years of litigation against the fanatical animal rights group and other parties, is in financial straits and thinking of walking dogs to earn money.

Meanwhile, our experience with personal injury litigation means that our lawyers can examine the possibility of a negligence lawsuit against a party unrelated to your employer.

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.

Although on its face, this analysis may be a review of the «tone and tenor» of the communications between the parties — which Justice Sharpe had cautioned against — it was clear from the facts of Nasr that, up to the date of the formal denial letter, litigation would have been premature.

Third - party communications are only protected against disclosure in the context of litigation privilege.

A small business that has suffered loss as a result of a breach of competition law rules, but which can not afford the costs of litigation in the High Court, and the possibility of an adverse costs ruling against them if they lose, can shift that risk to the third - party litigation funder.

It is the fact of having confidential information which is material to the fresh retainer and which must not be disclosed in any circumstances to a third party; or, as here, to the wife in later litigation against H, the solicitor's former client.

Participated in the defense and prosecution of restrictive covenant litigation, resulting in a consent permanent injunction being entered against the opposing party

Dodd has extensive litigation experience, especially against Alcoa, one of the parties in the trial.

In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate.

«The panel finds that Justice Matlow participated in controversial political discussions, inappropriately used the privileged platform of judicial office, publicly offered legal advice and criticism, took a role in litigation that was likely to come before his court, communicated with the press in the course of advancing a specific point of view in a legal and political dispute against a party that was imminently to appear before him in litigation, and failed to ensure that his actions and the extent of his involvement in the dispute with that party were disclosed to his co-panelists [on Divisional Court] and to the parties,» said the panel.

The point appears to have been misunderstood in The TAG Group Litigation, where it was held that «common interest privilege» could operate as a «sword» to obtain disclosure against party A as well as a «shield» to deny disclosure to third parties.

The courts need guidance as to the kind of litigation conduct that would be considered as a vexatious abuse of the court's processes, establishing clear cost consequences against the party shown to be taking unreasonable advantage of a self - represented litigant.

«Very often, the people who come to us are the smaller parties who are more constrained in relation to their cash flow and maybe hesitant about bringing a litigation claim against a bigger, more well - resourced opponent,» he says.

While no hard and fast rule has emerged, many states have cautioned against using «deception» to access an unrepresented party's social media page for use in litigation.

At Altman & Altman LLP, our Boston - based personal injury attorneys have over 50 years of experience getting our clients the benefits they are entitled to for as long as they require to get better, and aggressively pursuing litigation against negligent employers and third parties responsible for the injury — whether they are backed by billion dollar corporations such as Amazon or not.

In exercising his discretion to award costs against a losing party (s. 63 of the Act), he construed «other costs» in s. 59 (1)(c) of the Act as including the cost of litigation funding.

Among other areas, our litigation experience in the environmental area includes governmental and private - party actions under CERCLA (including serving as lead counsel for PRP groups at major Superfund sites throughout the United States), citizen suits under RCRA, the Clean Water Act and other environmental laws, claims for property damage and personal injury arising from industrial emissions or environmental contamination, and defending clients against state and federal governmental enforcement actions.

Further, in estate litigation there can be an award of costs in favour of a completely unsuccessful party against a completely successful party.

If necessary, we can bring litigation in the BC Supreme Court against ICBC and any other party that owes you money as the result of an accident, though actually attending a trial is quite rare.

an award of costs against a party should act as a disincentive to fruitless litigation.

For example, if the judge used to represent a party in a case (other than in a criminal case, where they can be a former prosecutor who represented the state) or if the judge is has been in litigation against you or your lawyer, they are likely to recuse themself, especially if you file a motion to that effect.

It is now commonplace for parties in a given litigation to enter into a so - called «claw back» or, more rarely, a «quick peek» agreement to protect against waiver of inadvertently produced materials.

Specifically will a Canadian court take an adverse inference against a party who has deliberately used an ephemeral messaging platform to discuss matters that are at issue in litigation?

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

As an attorney who has worked both for, and now against, insurance companies and big corporations, the author poses and answers the questions you should ask before becoming a party to personal injury litigation.

The Competition Act contains several provisions designed to prevent strategic litigation, including a prohibition on cases proceeding where the Commissioner is investigating or has settled a matter, as well as provisions setting out the ability of the Tribunal to award costs against any party, the right of the Commissioner to intervene in proceedings, and a one - year limitation on the commencement of proceedings from the cessation of the conduct being questioned.

Multi-district litigation (MDL) is a federal legal procedure for complex civil actions involving people in multiple districts who are all bringing a similar claim against the same party or parties.

Tomlinson LJ confirmed that it was just and appropriate to make a costs order against a party who has provided funding and who stands to benefit from the spoils of litigation.

At times, the decision on whether or not to enter into Litigation is taken out of your hands by another party issuing Court proceedings against you or your business.

Gary D. White, Jr.'s practice is dedicated to the representation of individuals in tort litigation across the State of Kansas in the areas of automobile negligence, medical malpractice, product liability, wrongful death, federal tort claims, third - party claims against insurance companies, and all other areas of injury litigation.

As such, it was permissible to seek relief against Google, even though it was not a party to the litigation.

With respect to the issue of Google being a non-party to the underlying litigation, Justice Groberman acknowledged it is unusual for courts to grant remedies against persons who are not parties to an action.

Should disputes arise, our litigators protect our clients in all aspects of antitrust, competition and trade litigation, whether against private parties or government entities

The latter is representing Biffa in four - party litigation proceedings in the High Court against MW High Tech Projects UK, West Sussex County Council and Megtec Environmental, in a dispute pertaining to defects, time extensions and termination issues regarding the design, construction and commissioning of Biffa's new flagship energy waste plants in Horsham.

I have relied on the Law Office of Patrick Conkey for all of my legal matters for over two decades, and I will continue to rely on this law firm in the future for advice and representation in business litigation; and for personal injury claims that I have brought for accidents which were not my fault; and for insurance claims against both my insurance company, and the responsible party's insurance company in accident cases in which I was involved.

Parties which bring civil litigation against the company may seek to rely on the contents of a DPA statement of facts as having the status of admissions by the company and may also seek disclosure of any underlying documents.