Defendant Claims definition

Defendant Claims means any and all counterclaims and bases for relief, including without limitation Unknown Claims (as defined in ¶ (rrr) of the Petrobras Stipulation), that the Defendants, (including all past and present individual partners and employees), their predecessors, successors and assigns could have raised in the Action against Class Representatives, Class Counsel, any other Class Representative’s counsel, or any Settlement Class Member, that arise out of or relate to the institution, maintenance, prosecution, or settlement of the Action (other than claims to enforce the Settlement or the Judgment or under Fed. R. Civ. P. 60(b)(3)), including, but not limited to, claims for violations of Fed. R. Civ. P. 11, or any other fee or cost-shifting claim.

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Defendant Claims means any and all counterclaims and bases for relief, including without limitation Unknown Claims (as defined in ¶ 1(lll) below), that PwC Brazil (including all past and present individual partners and employees), its predecessors, successors and assigns could have raised in the Action against Class Representatives, Class Counsel, any other Class Representative counsel, or any Settlement Class Member, that arise out of or relate to the institution, maintenance, prosecution, or settlement of the Action (other than claims to enforce the Settlement or the Judgment), including, but not limited to, claims for violations of Fed. R. Civ. P. 11, or any other fee or cost-shifting claim.

Defendant Claims means any and all compulsory counterclaims and bases for relief, claims, rights, demands, suits, liabilities, or causes of action, in law or in equity, accrued or unaccrued, fixed or contingent, direct, individual or representative, of every nature and description whatsoever, whether known or Unknown Claims, that Defendants and their Released Parties could have raised in the Action against Plaintiffs or Lead Counsel and their respective Released Parties or any Settlement Class Member, whether arising under state, federal, common, or foreign law, which directly arise out of or are related to the commencement and prosecution of the Action (except for claims to enforce the Stipulation or Settlement) including its releases and covenants to

Examples of Defendant Claims in a sentence

• DOE-EM’s Office of Small Site Completion (EM-52) was formed to centrally manage the Small Sites identified in the matrix at the end of this service level agreement.

• The Judgment will dismiss with prejudice, release, and forever discharge both the Settlement Class Claims against the Settling Defendants and the Released Parties and the Defendant Claims against the Plaintiffs, Lead Counsel and other Plaintiffs’ counsel, and any Settlement Class Members.

• The Settling Parties intend the Partial Settlement to be a final and complete 20 resolution of all disputes which have been asserted, could have been asserted, or could be asserted 21 by Plaintiffs or the Settlement Class Members against the Settling Defendants and all Released 22 Parties concerning the Settled Class Claims and against the Plaintiffs and Settlement Class 23 Members by the Settling Defendants concerning the Defendant Claims.

• The Defendants, Former Defendants, GFI, and BGCP shall be deemed to have, and by operation of law and of the Judgment shall have, fully, finally and forever compromised, settled, released, resolved, relinquished, waived and discharged each and every Settled Defendant Claim (as defined below) against Plaintiffs and the other Released Plaintiff Persons (as defined below), and shall forever be enjoined from prosecuting any or all of the Settled Defendant Claims against any of the Released Plaintiff Persons.

• It is likewise an important element to Plaintiffs’ and Lead Counsel’s 18 participation in this Partial Settlement that they, the Settlement Class members, and their 19 attorneys, agents, experts, and investigators obtain the fullest possible release from liability to any 20 Settling Defendant or any Released Party relating to the Defendant Claims, and it is the intention 21 of the Settling Parties that any such liability relating to the Defendant Claims be eliminated.

More Definitions of Defendant Claims

Defendant Claims means any and all counterclaims and bases for relief, whether known or Unknown Claims, that the Defendants, the other Released Parties, or any of their current or former officers and directors, could have raised in the Action against the Lead Plaintiff, Lead Counsel, or any Settlement Class Member, whether arising under state, federal, local, common, statutory, administrative or foreign law, or any other law, rule or regulation, at law or in equity, whether class or individual in nature, whether accrued or unaccrued, whether liquidated or unliquidated, whether matured or unmatured, including but not limited to those related to or arising from the commencement, prosecution or settlement of the Action (except for claims to enforce the Settlement) and claims for violations of Fed. R. Civ. P. 11 or any other fee or cost-shifting claim.

Defendant Claims means any and all counterclaims and bases for 1 relief, whether known or Unknown Claims, that the Settling Defendants, or any of their current or 2 former officers and directors, could have raised in the Action against the Plaintiffs, Lead Counsel, 3 or any Settlement Class Member including but not limited to the commencement and prosecution 4 of the Action (except for claims to enforce the Partial Settlement) and claims for violations of 5 Fed. R. Civ. P. 11, or any other fee or cost-shifting claim.

Defendant Claims means any and all claims, both known and Unknown Claims, alleged or which could have been alleged by the Defendants, or any of their current or former officers and directors, against the Plaintiffs, Lead Counsel, and any Participating Putative Class Member arising from or related to the matters and occurrences that are alleged in the Class Actions, and the commencement and prosecution of the Class Actions (except for claims to enforce the Settlement).

Defendant Claims means any and all counterclaims and bases for relief, whether known or Unknown Claims, that the Released Parties could have raised in the Action against Lead Plaintiff, Lead Counsel, or any Settlement Class Member, whether arising under state, federal, common, or foreign law, which arise out of or are related to the commencement and prosecution of the Action (except for claims to enforce the Settlement), including claims for violations of Fed.

Defendant Claims means any and all Claims and counterclaims and bases for relief arising out of the commencement and prosecution of the Action or that is in any matter related to the subject matter of the Action, whether known or Unknown Claims, that the Defendants, or any of their current or former officers and directors, could have raised in the Action against Plaintiffs, Co-Lead Counsel, other Plaintiffs’ counsel, or any Settlement Class Member and claims for violations of Rule 11 of the Federal Rules of Civil Procedure, or any other fee or cost-shifting claim, except claims based upon, relating to, or arising out of the interpretation or enforcement of the Settlement.

Defendant Claims means any and all counterclaims and bases for relief, whether known or Unknown Claims, that the Released Defendant Parties could have raised in the Action against any Released Plaintiff Party, whether arising under state, federal, common, or foreign law, which arise out of or are related to the commencement and prosecution of the Action (except for claims to enforce the Settlement), including claims for violations of Fed. R. Civ. P. 11 or any other fee or cost-shifting claim.

Defendant Claims means any and all claims, rights, causes of action, and liabilities of every nature and description, whether known or Unknown Claims, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims asserted in the Action against the Defendants, which any of the Defendants could pursue against the Plaintiffs, Class Counsel, or any Class Member or their attorneys, agents, experts, or investigators. Defendant Claims do not include any claims relating to the enforcement of the Settlement or any claims against any Person who submits a request for exclusion from the Class that is accepted by the Court.