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It exposes their litigation stance as mere posturing," she added.
Most of all, pursuing a more aggressive litigation stance requires that the agency's prosecutors be ready and able to go to trial.
But both advocates and former Giuliani officials agree that the budget may well dictate how well the city can comply with consent degrees, and perhaps its overall litigation stance.
Plaintiffs' lawyers said it does not appear that Bridgestone/Firestone has softened its litigation stance the last week, despite the threat of criminal prosecution in Venezuela, pressure from federal regulators to recall additional tires and blistering hearings in Congress.
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According to Dr. Healton, documents discovered in the Justice Department's litigation include private polls examining what stance the industry should take about the foundation's work.
Samsung's primary goal in its legal wrangling with Apple appears to be to counter that company's aggressive stance with regards to patent litigation, as indicated by another statement received by Reuters from the Korean company.
By setting aside such a specific reserve, Morgan Stanley is taking an aggressive stance against future penalties arising from litigation.
In effect, the best way to sort out the relative strength of expert claims in litigation is to adopt the SSK scholar's impartial stance, and watch the opposing parties attempt to defend their positions.
Still, "it was more a political decision than a litigation decision," said one lawyer familiar with the administration's stance.
In contrast to his predecessor's aggressive stance, Pruitt accepted a sweetheart settlement of the litigation for a commitment to study the problem.
He clarified his stance in an e-mail to me: "In my litigation, I have deliberately taken on only cases that fit squarely within my writing and teaching interests and in which my position would be consistent with the conclusions I had reached in my purely academic work".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com