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"We have to be very strategic in terms of choosing litigation vehicles," Mr. Welch said.
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Incumbent industries, he said, chose "litigation and legislation over innovation".
The court ruled in a similar case in 2011 that customers could not choose litigation over arbitration even if arbitration was not practical.
"I think it's fair to say that the folks that chose litigation knew they were going to get compensated whether they went into litigation or went into the fund," Mr. Migliori said.
"Given that we were committed to continue working collaboratively with the Attorney General's office, we're surprised and disappointed that they have instead chosen litigation," the statement continued.
The general counsel for the president's re-election campaign, Bob Bauer, said Tuesday that the secretary of state had chosen litigation over trying to implement the appeals court decision by allowing in-person voting during the final weekend before the election.
"It is unfortunate…that Microsoft has chosen the litigation path rather than entering into comprehensive licensing negotiations, as Motorola has mutually beneficial licensing relationships with the great majority of technology companies industry-wide".
Choose between litigation, collaborative and mediated divorce.
The largest investors, who have standing to pursue potentially crippling claims, are generally choosing to avoid litigation, he said.
HUD would prefer litigation.
"We're disappointed the medical community has chosen to litigate on top of already pending consumer litigation on the same topic".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com