Advanced Claim definition
Advanced Claim means a claim under this Settlement Option held by a member of the Voluntary Australian Subclass who is a POC DCC Breast Implant User, as defined below, who filed a lawsuit other than as a member of a class action against Dow Corning Corporation in a state court of any state of the United States before May 15, 1995, and whose claim as of that date, (i) remained within, or had been returned to, the jurisdiction of the court of that state, (ii) was not bound by the decision of U.S. District Court Judge ▇▇▇ ▇▇▇▇▇▇▇ in In re Silicone Gel Breast Implant Products Liability Litigation, Case No. CV 92-P-10000-S (N.D. Ala. Apr. 25, 1995), and (iii) was not within the jurisdiction of a court in a state having forum non conveniens law that would lead to the dismissal of such a claim. (Provided, however, that this distinction is agreed to solely for the purposes of the Voluntary Australian Subclass. Nothing in this Settlement Option shall constitute or be construed as a waiver by Dow Corning of the position, or of facts supporting the position, as affirmed by Judge ▇▇▇ ▇▇▇▇▇▇▇, that U.S. federal law, rather than state law, governs the issue of forum non conveniens dismissals of state cases properly removed to a federal court of the United States. Nothing in this paragraph shall constitute or be construed to constitute a waiver by Dow Corning of its rights to assert or argue that such claims should be removed to a U.S. court of federal jurisdiction. Nothing in this paragraph shall constitute or be construed to constitute a waiver by Dow Corning of its rights to assert any arguments regarding the applicability of choice of law rules. This provision is not an admission by Dow Corning of any fact or position of law and the Parties will not use it in another case as an admission by Dow Corning or in any way to support an adverse position.) (A person who makes such an Advanced Claim pursuant to this Settlement Option shall be referenced to herein as an “Advanced Claimant.”)
Examples of Advanced Claim in a sentence
Dow Corning believes that the definition of Advanced Claim is based on a procedural distinction among Claims and will apply to a number of Claimants who are not represented by the counsel principally responsible for negotiation of the Australia Breast Settlement Option.
An Advanced Claim must be based on a case that you filed in a state court in the United States.