The risks and uncertainties include the need to satisfy the forthcoming judgment in the Parallax case or post an
appeal bond and the resulting effect on our liquidity, our limited capital resources and limited access to financing, the need to defend other litigation similar to the Parallax case and to satisfy judgment in the event of an adverse ruling in that case, for which we have taken no reserve, the effect the global recession may have on sales of products, especially products such as the ICL used in non-reimbursed elective procedures, the challenge of managing our foreign subsidiaries, the risk that we will not succeed in introducing improved products that restore the profitability of our U.
Lyondell's appeal of the judgment is pending before the New Jersey Appellate Division and BASF's judgment is secured by an
appeal bond worth $200 million.
The legislation also includes a cap on punitive damages modeled after the state of Florida's cap, establishes an
appeal bond cap, requires the attorney general to approve civil actions by circuit solicitors and requires disclosure of insurance policy limits for personal auto policies in accident cases.
In the event of an appeal, the Company believes it has sufficient cash on hand and credit capacity to post any necessary
appeal bond.
Atmos has posted the large
appeal bond of $30,000,000.
The automaker's bankruptcy put the Mraz family's compensation at risk in the event of a reversal or remand on appeal; additionally, it exposed the
appeal bond in the event the verdict was upheld.
In addition to its appeal to the Supreme Court, Philip Morris tried to get the state legislature to change the law making it easier to get an
appeal bond lowered, but those efforts have proven unsuccessful so far.
The author would be remiss if she did not note the increasing trend of trial lawyers appearing at a solvent defendant's place of business with the sheriff to execute on a judgment without calling opposing counsel to see if an
appeal bond is in the works.
The legislation also includes a cap on punitive damages modeled after Florida's cap; establishes an
appeal bond cap; requires the attorney general to approve civil actions by circuit solicitors; and requires disclosure of insurance policy limits for personal auto policies in accident cases.
After that, the plaintiffs could go after Simpson's assets unless the former NFL great declares bankruptcy or posts an
appeal bond valued at 150 percent of the combined $33.
2004), the Sixth Circuit Court of Appeals endorsed the trial court's imposition of a $50,000
appeal bond, and held that in deciding whether to include attorneys' fees as part of an
appeal bond, a court must look to the underlying statute to determine whether attorneys' fees are defined as "costs" and require those fees in advance.
1 billion to the plaintiffs last March, Judge Byron called for an
appeal bond of $12 billion.