Sentences with phrase «of adequacy litigation»

Staring into the political abyss of adequacy litigation has apparently prompted some state courts to step back from the edge.

Only in the world of adequacy litigation could this be a disappointment to the plaintiffs, but the Campaign for Fiscal Equity (CFE) was hoping for much more.

Not exact matches

These risks and uncertainties include, among others: the unfavorable outcome of litigation, including so - called «Paragraph IV» litigation and other patent litigation, related to any of our products or products using our proprietary technologies, which may lead to competition from generic drug manufacturers; data from clinical trials may be interpreted by the FDA in different ways than we interpret it; the FDA may not agree with our regulatory approval strategies or components of our filings for our products, including our clinical trial designs, conduct and methodologies and, for ALKS 5461, evidence of efficacy and adequacy of bridging to buprenorphine; clinical development activities may not be completed on time or at all; the results of our clinical development activities may not be positive, or predictive of real - world results or of results in subsequent clinical trials; regulatory submissions may not occur or be submitted in a timely manner; the company and its licensees may not be able to continue to successfully commercialize their products; there may be a reduction in payment rate or reimbursement for the company's products or an increase in the company's financial obligations to governmental payers; the FDA or regulatory authorities outside the U.S. may make adverse decisions regarding the company's products; the company's products may prove difficult to manufacture, be precluded from commercialization by the proprietary rights of third parties, or have unintended side effects, adverse reactions or incidents of misuse; and those risks and uncertainties described under the heading «Risk Factors» in the company's most recent Annual Report on Form 10 - K and in subsequent filings made by the company with the U.S. Securities and Exchange Commission («SEC»), which are available on the SEC's website at www.sec.gov.

In each case, the JRP's conclusions defer to government policy (arguably in contravention of Madame Justice Tremblay - Lamer's ruling in the Kearl Litigation) and hinge on the adequacy of a future federal regime that consistently fails to materialize.

Massachusetts's recently concluded litigation in the Hancock case (see my sidebar, this issue, page 28) is a good example of how equity and adequacy measures can play out in court.

The successes of the adequacy movement in state courts thus are to be seen as stepping stones to the broader arena of national legislation and litigation.

Examples of these problems can be found in adequacy litigation.

It discusses an important trend in education litigation: the increasing reliance on theories of adequacy to achieve high - quality education for all students.

To avoid this outcome, a new wave of school - finance litigation has instead endorsed an «adequacy» claim based on state constitutional clauses that exhort the legislature to provide for a «thorough and efficient» (or similar language) system of education.

In the first study of opinions handed down in education adequacy litigation between January 2005 and January 2008, this paper shows a marked shift away from outcomes favorable to adequacy plaintiffs.

This paper examines the nature of and reasons for courts» increasing separation of powers concerns and then briefly explores what lessons adequacy plaintiffs might take away for use in future litigation.

Following two decades in which courts spurred significant reforms in our nation's neediest schools by interpreting the education clauses of their state constitutions to guarantee an «adequate» education for all students, the years 2005 to 2008 have seen a dramatic change in the judicial response to adequacy litigation.

In states like New Jersey, he said, adequacy litigation has lasted 40 years and resulted in much higher levels of school spending without marked improvement.

Eric Hanushek, an economist at the Hoover Institution at Stanford University and author of the 2009 book on school litigation, «Schoolhouses, Courthouses and Statehouses,» said that the experience of states over the decades should serve as a warning to the California Supreme Court not to immerse itself in school adequacy litigation.

In all of the current litigation on school finance, we must ask ourselves, which is the most important consideration — adequacy, equity, or efficiency?

The third wave of school finance litigation, instead of focusing on issues of equity, emphasize educational adequacy.

Kansas Supreme Court Schedules Oral Arguments for School Finance Litigation Oral arguments to address the adequacy of the state's school finance system have been set for September.

These two concepts — funding equity and funding adequacy — have featured in court challenges to state funding systems in different ways over time (See Overview of School Finance Litigation below).

[127] Professor Piché in her text Fairness in Class Action Settlements, supra at pp. 179 - 80 summarizes the various factors for the settlement approval test into seven factors; i.e.: (1) judicial risk analysis: likelihood of recovery, or likelihood of success on the merits weighed against amount and form of settlement relief; (2) future expense, complexity and likely duration of litigation; (3) class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed settlement to absent class members.

Unlike other litigation funders in the market, funder members of the ALF are subject to capital adequacy requirements, which are independently verified on an annual basis.

Speaking at the launch, in the Royal Courts of Justice last week, Lord Justice Jackson said the code satisfied his recommendations, including that it contain effective capital adequacy requirements and place appropriate restrictions on funders» ability to withdraw from ongoing litigation.