Futility definition

Futility means that the complaint, as amended, would fail to state a claim upon which relief could be granted.").

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Futility means care offered that would not mitigate a patient’s lethal diagnosis or prognosis of imminent death.

Examples of Futility in a sentence

Lack of Temporal Limit in Extension Clause; Forfeiture; Undue Delay; Prejudice; Futility.
Once GSK receives the Futility Data Package, GSK will review the data and determine whether the Beta-Thal Program using the [***] is scientifically Futile.
If the DMC delivers to CPP a written report or notice on the Futility Analysis, then CPP shall deliver to Sucampo a copy of such report or notice within ten (10) days.
If the DSMB issues a DSMB Terminate for Efficacy Notice, a DSMB Terminate for Futility Notice or a DSMB Continuation of the Study Notice, then the Warrants shall terminate and be of no further force or effect.
Notwithstanding anything else contained herein to the contrary, if the HNC Clinical Trial is terminated prior to completion due to the occurrence of (a) HNC Clinical Trial Futility or (b) a Safety Concern, then SFJ shall not pay the Leftover Funding to Nektar nor shall it pay any other Development Costs except for those incurred in the orderly close-out of the HNC Clinical Trials.

More Definitions of Futility

Futility means that the complaint, as amended, would fail to state a claim upon which relief could be granted. See In re NAHC, Inc. Sec. Litig., 306 F.3d 1314, 1332 (3d Cir. 2002);

Futility in this context, means that the proposed amended complaint “would not withstand a motion to dismiss.” Massarsky v. Gen. Motors Corp., 706 F.2d 111, 125 (3d Cir. 1983); see also Brown v. Philip Morris Inc., 250 F.3d

Futility means that the complaint, as amended, would fail to state a claim upon which relief could be granted. In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1434 (3d Cir. 1997). In determining “futility,” the district court applies the same standard of legal sufficiency as applies under Fed. R. Civ. P. 12(b)(6). Id. Therefore, before allowing Wheelings to amend her complaint to add punitive damages, the court must find that punitive damages are available for her claims.

Futility means that the complaint, as amended, would fail to state a claim upon which

Futility means that the complaint, as amended, would fail to state a claim upon which relief could be granted.” In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1434 (3d Cir.

Futility means that the complaint, as amended, would fail to state a claim upon which relief could be granted.” Travelers Indem. Co. v. Dammann & Co., Inc., 594 F.3d 238, 243 (3d Cir. 2010) (quoting In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1434 (3d Cir. 1997)). In determining whether a claim would be futile, “the district court applies the same standard of legal sufficiency as applies under [Federal] Rule [of Civil Procedure] 12(b)(6).” In re Burlington Coat Factory Sec. Litig., 114 F.3d at 1434. “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Connelly v. Lane Const. Corp., 809 F.3d 780, 786 (3d Cir. 2016).

Futility means that the complaint, as amended, would fail to state a claim upon which relief could be granted.” Glassman v. Computervision Corp., 90 F.3d 617, 623 (1st Cir. 1996). “In reviewing for ‘futility,’ the district court applies the same standard of legal sufficiency as applies to a Rule 12(b)(6) motion.” Id. On a motion to dismiss, the Court “must assume the truth of all well-plead[ed] facts and give . . . plaintiff the benefit of all reasonable inferences