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We will have an opportunity, as Dec. 18 approaches, to think about just what to do if the irresistible force of litigation meets the unmovable obstacle of time.
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We will ask this question of the Federal Communications Commission and any carriers that will return our calls: Why wasn't cramming relegated to the dustbin of schemes — either by corporate fiat or force of law or litigation — years ago?
Part of the problem is that while a fair-use claim might stand a good chance of prevailing in court, as a practical matter the high costs of litigation force most filmmakers to simply remove the material in question.
The attorneys general of New York, New Jersey and Connecticut say they are ready to open a new round of litigation to force power plants to make billions of dollars of pollution-control improvements after a decision by the Bush administration to abandon more than 50 investigations into possible violations of the Clean Air Act.
In prior investigations, his style has been to use the threat of litigation to force through agreements that include lots of money, carefully scripted non-confessions of guilt, and widely trumpeted vows of reform.
But in addition to assessing a financial penalty on the banks, the A.G.'s are trying to use the threat of litigation to force the banks to finally deal with defaulting homeowners more fairly and humanely.
It took 14 years of litigation to force the FBI to release the withheld pages.
"Continued allegations of excessive force, significant litigation costs, and a moral imperative to ensure constitutional policing in the county's jails and communities justifies the establishment of a permanent oversight entity without delay," Molina and Ridley-Thomas wrote.
At the heart of such an argument lies an implicit assumption that if we remove the background threat of litigation, the market forces will continue to function in the same way.
The threat of litigation or prosecution will likely force many more companies to launch internal audits of options accounting.
An Anglican diocese in British Columbia has been forced to cease operations because of the costs of litigation and settlements.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com