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Representatives of the securities industry warn that allowing courts to decide the level of fees will release a flood of new litigation that will be almost impossible to dismiss.
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Apart from the cost that will be accrued by litigation costs, fines and compensation payments, actual injuries and incidents can rack up direct costs in, medical expenses such as ambulance, hospital, and doctors' fees, medication, and rehabilitation.
Santa Cruz Biotech's lawyer wrote to me that the company "has strong defenses that will be addressed in the litigation".
That will be the core of our litigation against them".
"Enron will be the securities litigation that will define securities litigation for years to come," Mr. Lerach said.
"You'll still have a residual tail of litigation that will continue for a long time, but that residual tail will be inconsequential to Merck".
There is little action — except courtroom litigation that will start with an April 6 hearing on a request by 10 players for an injunction to end the lockout.
It will ultimately lead to litigation that will bankrupt them, as well it should.
He is betting that litigation will be an even juicier market in future: in January Autonomy bought Interwoven, an American maker of software that helps big law firms keep track of their documents, for $775m.Yet the most important reason for Autonomy's success is that it is riding a long-term trend in computing.
In addition to lawyers' fees and state filing fees, the group is anticipating that litigation will be needed against opposition to recounts.
He said: "It is inevitable that litigation will be required to determine the meaning and scope of the new provisions, but the high costs and risks of bringing a claim or defending one all the way through the courts mean there is unlikely to be a queue of people lining up to be guinea pigs.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com