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These individuals could bring further litigation to avoid repaying this money, legal specialists said.
The stent companies refuse to publicly comment on the litigation, to avoid revealing their legal strategies and for fear of offending judges.
Kerrie Cohen, a Barclays spokeswoman, said in a statement: "We are pleased that the parties have agreed to settle the litigation to avoid the expense, distraction and uncertainty of litigation.
Nevertheless, the Picowers "have initiated discussions with the trustee to reach a settlement" of the litigation "to avoid years of extensive litigation," Mr. Zabel said, adding "we would hope the trustee would devote his energy and resources to those discussions".
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The Foreign Sovereign Immunities Act of 1976, which exempts sovereign nations from litigation, was enacted to avoid this.
"The decision below, unless promptly reversed, also would allow and encourage the types of 'abusive practices committed in private securities litigation' that Congress intended to avoid by enacting" securities litigation reform, the hedge funds said.
This change in practice is the equivalent to defensive practice-to avoid litigation rather than in the best interests of the patient.
One person close to the litigation says that the parties have been negotiating with EMI for well over a year to avoid litigation, but that they were unable to reach agreement.
The goal is to avoid litigation altogether.
It agreed to settle the matter to avoid litigation.
We need to talk to her to avoid litigation".
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