alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2 ANTARES PHARMA, INC. CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350) The undersigned, Robert F. Apple, the Chief Financial Officer of
                     Antares Pharma, Inc. (the "Company"), has executed this Certification
                     in connection with the filing with the Securities and Exchange
                     Commission of the Company's Quarterly Report on Form 10-Q for the
                     fiscal quarter ended June 30, 2010 (the "Report"). The undersigned hereby certifies that: 1.
                           
                           
                           The Report fully complies with the requirements of Section 13(a) or
                              15(d), as applicable, of the Securities Exchange Act of 1934, as
                              amended; and2.
                           
                           
                           The information contained in the Report fairly presents, in all
                              material respects, the financial condition and results of operations
                              of the Company. IN WITNESS WHEREOF, the undersigned has executed this Certification
                     as of the 12th day of August, 2010. /s/ Robert F. AppleRobert F. AppleExecutive Vice President and Chief Financial Officer
#### Howard Fishkin et al., Appellants, v Bert Taras et al., Respondents.

[863 NYS2d 153]

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered December 5, 2006, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiffs’ first, second, third, seventh and ninth causes of action, and denied plaintiffs’ cross motion to compel discovery, unanimously modified, on the law, the facts, and in the exercise of discretion, the motion denied with respect to the first cause of action and the matter remanded for further proceedings thereon, and otherwise affirmed, without costs.

With one exception, the motion court properly granted defendants summary judgment to the extent indicated in this fee dispute between attorneys, where plaintiffs failed to file retainer statements in compliance with Rules of the Appellate Division, First Department (22 NYCRR) § 603.7 (a) (3), “a prerequisite to receipt of compensation for legal services” *(Rabinowitz v Cousins,*219 AD2d 487, 488 [1995]). Plaintiffs’ belated filing of several of the subject retainer statements was insufficient to preserve their right to recover legal fees. Indeed, the record shows that these statements were only filed in response *261to defendants’ motion for summary judgment and plaintiffs did not seek permission to file the statements nunc pro tunc. Nor did plaintiffs offer a reasonable excuse for their failure to timely file *(compare Matter of Abreu,*168 Misc 2d 229, 234 [1996]).

However, with respect to the first cause of action relating to the Brooks case, the record indisputably shows that plaintiff Fishkin filed a retainer statement on October 31, 1994, which was 18 months after he was retained, but only seven days after defendants belatedly filed their own retainer statement in the same matter. While the motion court may have been confused by Fishkin’s later nunc pro tunc filing of an *amended*retainer statement in June 2006, we find that, taken together, Fishkin’s initial 1994 filing and his 2006 nunc pro tunc filing create a triable issue as to whether there was sufficient compliance with 22 NYCRR 603.7 (a) (3) to permit this action to proceed.

We have considered plaintiffs’ remaining arguments and find them unavailing. Concur—Gonzalez, J.P., Nardelli, Buckley and Catterson, JJ.

Reargument granted, and upon reargument decision and order of this Court entered April 10, 2008 (50 AD3d 400 [2008]) recalled and vacated and a new decision and order substituted therefor. Leave to appeal to the Court of Appeals denied, as indicated.
<PAGE>

                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Dura Automotive Systems, Inc. (the
"Company") on Form 10-Q for the period ending April 3, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Lawrence A. Denton, President, Chief Executive Officer (Principal Executive
Officer) and Director of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

      (1)   The Report fully complies with the requirements of section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

      (2)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and result of operations
            of the Company.

/s/ Lawrence A. Denton
    ------------------------
Lawrence A. Denton
President,
Chief Executive Officer and
Director
(Principal Executive Officer)

May 10, 2005
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Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350



In connection with the Quarterly Report on Form 10-Q for the period ended June 30, 2004 of Closure Medical Corporation (the Company) as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Daniel A. Pelak, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



(1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. (s) 78m(a) or (s) 78o(d)); and



(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                                     
|-------------------------------------
|DANIEL A. PELAK                      
|Daniel A. Pelak                      
|President and Chief Executive Officer
|August 9, 2004
|    |                                                                                                                     |
|----|---------------------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 on Form 10-K/A to the annual report on Form 10-K of SEACOR Holdings Inc.; |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; |

|                   |
|-------------------|
|                   |  |  |
| Date:             | May 1, 2017 |
|              |
| /s/ MATTHEW CENAC |
| Name:             | Matthew Cenac |
| Title:            | Executive Vice President andChief Financial Officer(Principal Financial Officer) |
**Exhibit12.2**

 

I, Peter R Marriott, certifythat:

 

1.               I have reviewed this annualreport on Form 20-F of Australia and New Zealand Banking Group Limited — theregistrant;

 

2.               Based on my knowledge, thisannual report does not contain any untrue statement of a material fact or omitto state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this annual report;

 

3.               Based on my knowledge, thefinancial statements, and other financial information included in this annualreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this annual report;

 

4.               The registrant’s othercertifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15eand 15d-15e) for the registrant and have:

 

a)              designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisannual report is being prepared;

 

b)             evaluated the effectivenessof the registrant’s disclosure controls and procedures and presented in thisannual report our conclusions about the effectiveness of the disclosurecontrols and procedures as of the end of the period covered by this reportbased on such evaluation; and

 

c)              disclosed in this annualreport any change in the registrant’s internal control over financial reportingthat occurred during the period covered by this annual reporting that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting;

 

5.               The registrant’s othercertifying officers and I have disclosed, based on our most recent evaluation,to the registrant’s auditors and the audit committee of the registrant’s boardof directors (or persons performing the equivalent function):

 

a)              all significant deficienciesand material weaknesses in the design or operation of internal controls overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

 

b)             any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal controls over financial reporting.

 

Dated: December 17, 2004

 

 
| /s/  P R Marriott       |   |   |
|-------------------------|--------|--------|
| **P R  Marriott**       |   |
|                    |   |
| Chief Financial Officer |   |

 

----
<PAGE>
 
                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the registration statements of
PerSeptive Biosystems, Inc. on Form S-8 (File Nos. 333-23773, 333-23775, 333-
8151, 33-94606, 33-80856, 33-49642), Form S-4 (File Nos. 333-1016, 333-38881)
and on Form S-3 (File Nos. 33-71814, 33-72760, 33-72924, 33-94598, 33-94600, 33-
94602, 33-94604, 33-94608, 33-80421, 333-8149, 333-11229) of our reports dated
December 1, 1997, on our audit of the consolidated financial statements and
financial statement schedule of PerSeptive Biosystems, Inc. as of September 30,
1997 and 1996 and for the years ended September 30, 1997, 1996 and 1995 which
reports are included in this Annual Report on Form 10-K/A.



                                    /s/ Coopers & Lybrand L.L.P.


                                    COOPERS & LYBRAND L.L.P.

Boston, Massachusetts
January 6, 1998
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T G A RY RO N N ELL PERK I N S, P la in tif

f - A p p e lla n t, v. J . S . W O O D F O R D ; e t a l., D efen d an t s - A p p el l ees. N o. 10- 17453 D. C . No . 1 : 0 6 - c v - 0 1 1 7 7 - NV W ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e E a s te rn D is tr ic t o f C a lif o rn ia N e i l V . W a ke , D i s tr i c tJ udge , P r e s i di ng S ubm i tt e d S e pt e m be r27, 2011 ** B efo re: S IL V E R M A N , W . F L E T C H E R , an dM U R G U IA , C i rcu i tJu d g es. G a ryR onne l l P e rki ns , aC a l i f orni as t a t e pr i s one r , appe a l s pr o s e f r om the di s tr i c tc ourt ’ s s um m a ryj udgm e nti n hi s 42 U . S . C . § 1983 a c t i on a l l e gi ng de l i be r a t e i ndi f

f e r e nc e t o hi s s e r i ous m e di c a l ne e ds . W e ha ve j ur i s di c t i on unde r28 

# FI LED OC T 11 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 17453 2 U .S .C . § 1 2 9 1 . W e r e v ie w d e n o v o , T oguc hiv . Chung , 3 9 1 F .3 d1 0 5 1 , 1 0 5 6 ( 9 th Ci r . 2 0 0 4 ) , a n d w e a f

f i rm. T h e d is tr ic t c o u rt p r o p e r lyg r a n te ds u m m a ryju d g m e n t o n P e rk in s ’s E ig h th A m endm entcl ai m because P erki ns fa i l ed t o rai se a genui ne di sput e of m at er i al fa ct a s to w h e th e rtr e a tm e n t b yp r is o n m e d ic a l s ta f f o f h is h e rn iaan dr e la te dp a in const i tut ed del i bera t e i nd i ff er ence . Se e id. a t 1 0 5 8 ( ap r is o n o f f ic ia l a c ts w ith d e lib e r a te in d if

f e r e n c e o n lyif

h e k n o w s o f

a n dd is r e g a r d s a n e x c e s s iv e r is kto i nm a t e he a l th, a nd adi f f e r e nc e of opi ni on c onc e rni ng the appr opr i a t e c our s e of tr e a tm e n t d o e s n o t a m o u n t to d e lib e r a te in d if f e r e n c e ) ; H

al le t t v . Mor gan , 296 F . 3d 73 2, 74 6 (9th C i r. 20 02 ) ( w here a pri soner i s a l l egi ng thatdel ayof m edi ca l tre atm entevi nces del i bera t e i nd i ff er ence , he m ustshow thatthe del ayl ed t o further in ju ry ) . T he di s tr i c tc ourtpr ope r l yc ons true d P e rki ns ’ s F ourt e e nth A m e ndm e ntdue p r o c e s s c la im a s a n E ig h th A m e n d m e n t c la im . Se e G r aham v . C onnor , 4 9 0 U . S. 38 6, 39 5 (19 89 ) ( w here a part i cul arA m endm ent“ prov i des an exp l i ci tt extual s our c e of c ons t i tut i ona l pr ot e c t i on” a ga i ns tapa rt i c ul a rs ortof gove rnm e nt be ha vi or , “ tha tA m e ndm e nt , notthe m or e ge ne r a l i z e d not i on of ‘ s ubs t a nt i ve due p r o c e s s ,’ m u s t b e th e g u id e f o ra n a ly z in g th e s e c la im s ” ) . P e rk in s ’s r e m a in in g c o n te n tio n s a r e u n p e r s u a s iv e . AF F I RME D.
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#### NEW YORK AIR-BRAKE CO. et al. v. WESTINGHOUSE AIR-BRAKE CO.

(Circuit Court of Appeals, Second Circuit.

May 28, 1895.)

1. Patents—Infringement—Air Brakes.

The Westing,house air-brake patent, No. 300,070, *held*infringed, as to claims 1, 2, and *4;*affirming decree for preliminary injunction. 05 Eed. 99.

*2.*Same.

A decree granting a preliminary injunction against infringement of claim 1 of the Westinghouse air-brake patent, No. 376,837, reversed, on the ground that the question of infringement was too doubtful to be_ resolved in favor of complainant on a motion for a preliminary injunction.

Appeal from the Circuit Court of the United States for the Southern District of New York.

This was a Mil by the Westinghouse Air-Brake Company against the New' York Air-Brake Company and others for infringement of letters patent Nos. 360,070 and 376,837, granted to George Westinghouse, Jr., March 29,1887, and January 24, 1888, respectively, for improvements in air-brake mechanism. The circuit court granted a preliminary injunction to restrain infringement of claims 1, 2, and 4 of the former patent, and claim I of the latter. The opinion of Judge Lacombe in the court below is reported in 65 Fed. 99. Defendant appealed from the interlocutory order so granted.

J. E. Maynadier and F. P. Fish, for appellants.

Kerr & Curtis, J. Snowden Bell, George 11. Christy, and Frederic H. Betts, for appellee.

Before WALLACE and SHIPMAN, Circuit Judges, and TOWNSEND, District Judge.

PEE CURIAM.

We agree with the court below that the defendant’s apparatus is an infringement of the first, second, and fourth claims of patent No. 360,070, and deem it unnecessary to add anything to the opinion of Judge Lacombe. The question whether the apparatus is an infringement of the first claim of patent No. 37(5,-837 is too doubtful to be resolved in favor of trie complainant upon a motion for a preliminary injunction, and should be reserved for disposition upon the final hearing of the cause. So far as thé order appealed from allows an injunction for the infringement of this claim, it should be reversed; otherwise, it is affirmed. Ordered accordingly.
Exhibit 32.1

ANTARES PHARMA, INC.

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT

TO

SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

Each of the undersigned, Jack E. Stover and Robert F. Apple, the Chief Executive
Officer and the Chief Financial Officer, respectively, of Antares Pharma, Inc. (the Company), individually and not jointly has executed this Certification in connection with the filing with the Securities and Exchange Commission of the
Companys Quarterly Report on Form 10-Q for the fiscal quarter ended March 31, 2006 (the Report).

Each of the
undersigned hereby certifies that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, each of the undersigned has executed this Certification as of the 12th day of May, 2006.



/s/ Jack E. StoverJack E. Stover President and Chief Executive
Officer/s/ Robert F. AppleRobert F. Apple Senior Vice President and Chief Financial Officer