Defendant’s Denial of Liability. The Defendants deny that they have any liability as a result of any and all allegations that have been or could have been made in the Action. The Defendants are entering into the Settlement in order to avoid the continuing burden, expense, inconvenience and distraction of protracted litigation.
Defendant’s Denial of Liability. 19 BMO, as successor in interest to BOTW, specifically and generally denies any and all 20 liability or wrongdoing of any sort with regard to any of the Alleged Claims and makes no 21 concessions or admissions of liability of any sort. BMO maintains that for any purpose other than 22 settlement, the Lawsuit is not appropriate for class action treatment pursuant to California Code 23 of Civil Procedure § 382, and that had this matter proceeded, BMO would have opposed class 24 certification pursuant to California Code of Civil Procedure § 382. Nonetheless, BMO has 25 concluded that further litigation would be protracted, distracting and expensive, and that it is 26 desirable that the Lawsuit be fully and finally settled in the manner and upon the terms and 27 conditions set forth in this Agreement. BMO has also taken into account the uncertainty and risks 28 inherent in any litigation. BMO has therefore determined that it is desirable and beneficial to 1 settle the Lawsuit in the manner and upon the terms and conditions set forth in this Agreement.
Defendant’s Denial of Liability. Defendants vigorously deny all claims asserted in the Lawsuit, deny all allegations of wrongdoing and liability, and contend that Defendants ultimately would prevail if the Litigation were to continue. Defendants nevertheless desire to settle all claims that are asserted, or which could have been asserted, on the terms and conditions set forth herein, solely for the purpose of avoiding the burden, expense, and uncertainty of continuing litigation and for the purpose of putting to rest the controversies engendered by this Litigation. Nothing in this Agreement or any other document shall be construed as an admission or evidence of any violation of any federal or state statute, rule or regulation, or principle of common law or equity, or of any liability or wrongdoing whatsoever, or of the truth of any of the claims asserted or to be asserted in the Lawsuit, or of the infirmity of any defenses that have been raised or could be raised by Defendants against the operative Second Amended Complaint (the “Complaint”). Further, Defendants are not estopped or otherwise precluded from challenging allegations in the Lawsuit in further proceedings in this or any other action if the Settlement is not finally approved.
Defendant’s Denial of Liability. Defendant vigorously denies each and every one of Named Plaintiffs’ allegations of wrongful conduct and damages. Defendant has asserted numerous defenses to Named Plaintiffs’ claims and disclaims any wrongdoing or liability whatsoever. Defendant further denies this matter satisfies the requirements to be certified or tried as a class action under Fed.
Defendant’s Denial of Liability. Defendants deny any liability or wrongdoing of any kind associated with the claims alleged by Plaintiff.
Defendant’s Denial of Liability. Defendant disputes the claims made against it in the Lawsuit and denies any wrongdoing or liability to the Class Representative and the Class.
Defendant’s Denial of Liability. Defendant expressly denies any liability or wrongdoing of any kind associated with BIPA and all other federal, state and local laws, as well as the common law, and maintains that it has complied with all applicable laws at all times. Defendant agrees to this Settlement to avoid the risk and disruption of continued litigation.
Defendant’s Denial of Liability. 20. The Court notes that Defendant denies any liability to Plaintiff or to the Settlement Class for any matter whatsoever. Without conceding any infirmity in its defenses, and while continuing to deny all allegations of liability, Defendant considers it desirable that the Litigation be dismissed and that the claims against Defendant be released, on the terms set forth herein, in order to avoid further expense, dispose of burdensome and protracted litigation and put to rest all claims which have or could have been asserted against Defendant arising from the acts, transactions, or occurrences alleged in the Litigation.
