Sentences with phrase «pending litigation which»

[1] Formally, this motion involves a request by one defendant, Mima Markicevic, for an order discharging a certificate of pending litigation which I previously had ordered against her Vaughan Residence, on the provision of alternate security for the proprietary claim of the plaintiff, York University.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

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.

By the time the final version of the memorandum was released later Friday afternoon, however, there was no mention of a time frame or a directive for the DOL to work with the Justice Department to halt pending litigation over the rule, which was also included in the draft order.

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.

Wheaton - based law firm Rathje & Woodward, LLC., which represents Buck's and the landowners, declined to comment on the pending litigation.

«This is a matter of ongoing litigation and potentially pending litigation and as such we have no comment,» said Michael Deery, spokesman for Hempstead Town, which has paid $ 30 million in utility tax refunds.

For instance, in April 2015, ITLOS ordered a number of provisional measures which forced Ghana to suspend the drilling of new oil and gas wells in the disputed territory, pending the outcome of the litigation.

USDA and the Department of Justice, which represents government agencies that are sued, both declined to comment on pending litigation.

Gagosian Gallery, which has sought to have the suit dismissed, said Monday that it could not comment on pending litigation.

On February 9, 2016, the Supreme Court put a stay on the CPP pending final resolution of litigation in which 27 states and numerous industry and non-profit organizations are petitioning to overturn the rule.

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.

It seems to me that if legal advice obtained by one person is passed on to another person for the sake of informing that other person in confidence of legal advice which that person needs to know by reason of a sufficient common interest between them, then it would be contrary to the principle upon which all legal professional privilege is granted to say that the legal advice which was privileged in the hands of the first party should be lost when passed over in confidence to the second party, merely because it was not done in the context of pending or contemplated litigation.

U.S. infringers can derail ongoing litigation The flood of IPR filings has also affected litigation: In 60 - 70 per cent of cases where an IPR is filed during ongoing litigation — even if filed shortly before trial — U.S. courts have granted a stay of litigation pending the outcome of the IPR proceeding, which usually lasts 12 - 18 months.

In the litigation now pending at the court in Brussels, the complainant, again the Van Parys corporation, a Belgian company which imports bananas from Latin America into the Internal Market, tries to leverage these exceptions in order to make its case.

In the end, the principles by which Brown is guided in ultimately exercising his discretion to discharge a certificate of pending litigation to allow the moving party defendant to finance or sell a property in order to raise future legal defence costs — «fair; fast; cost - effective; finality» — are the same principles that are shared, or should be shared, by proponents of ADR and the judiciary.

Retained by one of the world's largest manufacturers to represent one of its business units in all bankruptcy and commercial collection litigation matters throughout the United States, including over 100 bankruptcy cases, some of which are among the largest and most complex cases pending in the country.

Litigation privilege (which was expressly not considered in the Walter Lilly case) is slightly different in that it applies to communications both between a lawyer and client, and between either the lawyer, the client and a third party, made for the dominant purpose of litigation where litigation is pending, reasonably contemplated orLitigation privilege (which was expressly not considered in the Walter Lilly case) is slightly different in that it applies to communications both between a lawyer and client, and between either the lawyer, the client and a third party, made for the dominant purpose of litigation where litigation is pending, reasonably contemplated orlitigation where litigation is pending, reasonably contemplated orlitigation is pending, reasonably contemplated or existing.

Legal advice privilege applies whether or not litigation is pending and applies to communications between a lawyer and client which come into existence for the purpose of giving or receiving legal advice within a legal context.

He currently serves as co-lead counsel in the In re: Gadolinium Based Contrast Agent Litigation, which is pending in the U.S. District Court for the Northern District of Ohio; the Plaintiff's Executive Committee in the In re: Abilify Products Liability Litigation pending in the U.S. District Court for the Northern District of Florida; the Plaintiff's Executive Committee in the In re: Benicar Products Liability Litigation pending in the U.S. District Court for the District of New Jersey; the Plaintiff's Steering Committee in the In re: Actos (Pioglitazone) Products Liability Litigation pending in the U.S. District Court for the Western District of Louisiana; and the Plaintiff's Steering Committee in the In re: Fresenius Granuflo / Naturalyte Dialysate Products Liability Litigation pending in the U.S. District Court for the District of Massachusetts.

Similarly, a lawyer admitted only in another jurisdiction may engage in conduct temporarily in this jurisdiction in connection with pending litigation in another jurisdiction in which the lawyer is or reasonably expects to be authorized to appear, including taking depositions in this jurisdiction.

Last week we wrote a Blog post about Certificates of Pending Litigation (CPLs), Tying Up Land During Family Law Disputes http://tinyurl.com/c2h8gas, which are one of several legal procedural mechanisms that facilitate the orderly resolution of a family law matter prior to trial.

The webinar, which includes a wide ranging discussion covering: pending Brexit litigation; the dissenting judgments; the Sewel Convention, can be downloaded here.

PHILADELPHIA — A Philadelphia federal judge says agreements in which RD Legal Funding advanced money to plaintiffs in the pending NFL concussion litigation are void, but the attorney representing RD Legal has asked a judge in New York to ignore that finding.

The joint liquidators had questioned the judge's apparent suggestion that if the purpose of commissioning a report was to conduct an exercise which the joint liquidators were bound to carry out in any event, irrespective of whether litigation was pending or in contemplation, then such a purpose would necessarily be independent of the possible need to take recovery proceedings in that liquidation.

The first, which is more similar to corporate litigation funding arrangements, involves loans to plaintiff - side law firms, secured either by their interests in specific litigation or by interests in their entire pending litigation inventory.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

A Certificate of Pending Litigation («CPL») will be registered on the title, which can be used to obtain the court action number.

the degree to which pending civil litigation or regulatory or administrative proceeding would delay prompt disposition of the ethics complaint

«For slander of title to be actionable the statement, which can be a lien, a certificate of pending litigation («CPL»), or other notices against title, must operate as a cloud upon the plaintiff's rights to the property at issue which makes third parties shun and avoid the plaintiff's property from a commercial point of view....