"I used the litigation because it sounds cooler that you are doing civil rights cases, not 'I'm a corporate lawyer, representing banks and securities companies.' " His approach worked.
She said: "I suspect they'll use the litigation to ramp up the moral pressure on the British government … So it's quite a powerful campaigning tool … How this case will be interpreted by the European court of human rights will also be informed by the domestic law in force in the 1850s in the Ottoman empire when the mausoleum was taken by the British Museum.
The antidote to either LGS1 or LGS2 is not to use the litigation motive as a blunt instrument for exclusion but as a commonsense argument for expanded discovery and greater latitude for cross-examination by the parties.
But, he said, it also has an obligation to protect its assets for the good of its other constituencies by using the available litigation tools.
To make sure Section 285 is implemented with appropriate vigor, judges must look more closely for signs that a patent lawsuit was pursued primarily to take improper advantage of a defendant — that is, using the threat of litigation cost, rather than the merits of a claim, to bully a defendant into settling.
A root-causes analysis was performed to identify patent and latent failures involved in HCV transmission using the association of litigation and risk management method (ALARM).
But the court in Reynolds said the case might have turned out differently if the government had been using the privilege as a litigation shield rather than as a sword.
In January, the Bush administration moved to revamp the statute that the environmentalists used for the litigation.
David Salvo, whose father, Sam, worked at Aon, said that he wanted to use the threat of litigation to find out who was accountable.
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.
