Sentences with phrase «cost shift»

In personal injury and clinical negligence cases, defendants can not recover their costs because of qualified one - way costs shifting.

In order to preserve the fundamental benefit of costs shifting for successful litigants, lawyers are under increasing pressure to provide more for less.

However, when the time for 30 - day amendments to the governor's fiscal year 2017 budget proposal rolled around, the proposed cost shift remained.

Now the trend has costs shifting away from this method.

The great uncertainty is qualified one - way costs shifting.

The agreement is not yet soup, though the conversation in Albany over the details of locking down a budget over a Medicaid cost shift for New York City.

«With the recent talk of cost shifts from Washington to New York State, you would think State Lawmakers and the Governor would be more sensitive to passing the buck to county property taxpayers.

The Assembly also wants to restore $ 485 million in cost shifts Cuomo proposed for the City University of New York.

Assembly Speaker Carl Heastie, meanwhile, has been at odds with Cuomo over a $ 250 million cost shift for Medicaid funding in New York City.

And they are designing them with a precision intended to protect solar - plus - storage from a future of never - ending battles between solar advocates and utilities and their allies over cost shifts and caps.

It also asserts that distributed solar «places integration and administrative costs on the electric grid, including cost shifting to non-participants that results from net energy billing.»

This was part of the rationale of the Jackson reforms in this jurisdiction although with costs shifting as a safeguard it may be said that the Jackson reforms favour defendants too far excluding altogether many meritorious claims.

Unfortunately, however, such cost shifting mechanisms do not address the issues created by NPEs (i.e. patent trolls) who amass intellectual property portfolios in order to become virtual gatekeepers on the road of technological advancement.

Advocates and lawmakers were still combing through the details of the budget for any such surprises on Tuesday, though Mr. Cuomo said there were no such cost shifts this year.

He said negotiations failed around three major issues, including raising the age of criminal responsibility from 16 to 18, a potential cost shift from public schools to charter schools and a real estate tax abatement program in New York City.

By focusing on a select group of studies that show that NEM benefits all customers (as stated by the authors); by excluding the E3 study for the California PUC, which is fundamental to the NEM cost shift debate; and by not providing an update on the NEM debate today» the Muro / Saha paper is misleading.

There had been a blurring in some instances of Commonwealth and state responsibilities, attracting the possibility of cost shifting between parties compounded by the inexperience of lead agencies and their personnel when engaging with Aboriginal and Torres Strait Islander communities; and

The decision is remarkable, because it orders cost shifting in a case where there is no claim that the discovery sought is unreasonable in scope or unnecessary to resolve the claims in the dispute.

To eliminate cost shifting is to deny access to at least modest compensation for actual costs.

The release of five class action decisions penned by Ontario Superior Court Justice Belobaba earlier this month has garnered significant attention in the press and in the profession, and has reignited a debate about cost shifting in class actions.

Referred to as «the great cost shift» by Demos, a public policy organization, public colleges have failed on their promise to bring affordable higher education to the middle and lower class.

Solar net metering had been growing in Indiana, but it made up one - tenth of one percent of demand last year, providing a prime example of a place where any kind of cost shift argument is unfounded, but where cutting net metering would surely stunt distributed solar's nascent growth.

The Democratic - controlled Assembly did not support Cuomo's Medicaid cost shifting plan because of the impact of an extra $ 180 million in costs for New York City, Heastie said earlier.A

The second low - cost shift coming to the open - source and hacking world is a slower evolution in computing, but will be no less powerful — the democratization of programmable chips like those made by Xilinx and Altera.

Indeed, Maassel again admitted that the impact of his claimed cost shift is negligible in Indiana because there are so few solar customers.

A lot of confusion remains over the $ 485 million state - to - NYC cost shift Cuomo has proposed for CUNY, which he insists is not a cut and won't hurt the system.

«I think quite frankly, it's a red herring that's a major cost shift.

«The real cost shift took place 50 years ago, and property taxpayers have been paying for this state program ever since,» said NYSAC President William Cherry.

As of Friday, the CUNY cost shifts had been resolved, said Dani Lever, a spokeswoman for the governor, in exchange for the hiring of a management consultant assigned to make the university system more efficient.

Under the bill, the state will be forced to decide whether to continue to provide the expanded Medicaid services, which would come with a huge cost shift from the feds to the state, or stop covering such people.

The problem for the city is that there may be fewer interest groups lobbying on behalf of the Medicaid portion than there were groups pushing back on the university cost shifts, said Carol Kellermann, the president of the nonpartisan Citizens Budget Commission.

Still, the mayor noted cuts and cost shifts averted include $ 144 million for charter schools, $ 129 million for child welfare services and $ 65 million for special education.

An earlier plan to spread the additional Medicaid cost shift among all of New York's counties has been scrapped.

More than 40 protesters were eventually arrested at the rally, which was over general cost shifts, a push for increased funding, and the expired faculty union contract.

But Kellerman said the proposal, along with the language requiring the city to provide full capital funding for the subway and bus systems, «are an attempt to impose an onerous cost shift onto New York City residents and businesses, who already pay an estimated 72 % of MTA dedicated taxes and subsidies.»

«This type of seismic cost shift would be unconscionable.

Certainly with the New York amendment to stop he egregious cost shift that Medicaid costs from Albany.

«As we see prices change and innovation adopted, we want to get to place where solar can be developed and implemented to the utility model without a large cost shift or subsidy.»

Research by Lawrence Berkley National Laboratory (LBNL) says the «cost - shift» argument is technically correct, cost shifting only happens at high rates of penetration — 10 % or more.

But this filing is about an adjustor mechanism specific to us and we think it is the right incremental gradual step to address the ongoing and defined cost shift between solar and non-solar customers.»

That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New York, who recently ordered cost shifting when parties failed to meaningfully meet and confer about their electronically stored information (ESI) agreement.

The trial judge denied the defense's post-trial motion to recover costs shifted under section 998, including $ 96,192.86 in claimed expert witness fees, based on Sanford v. Rasnick, 246 Cal.App.4 th 1121 (2016).

Jackson LJ had originally proposed Qualified Oneway Cost Shifting (QOCS) for j.r; claimant recovers costs if he wins, and does not have to pay costs if he loses.

Proposals The OFT and the CJC both recommend that the principle of full costs shifting should remain.