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31 Mar 2023, 5:00 am
The court rejected the Plaintiff’s argument that the trial court had and an obligation to sua sponte allow an amendment of the Complaint. [read post]
30 Mar 2023, 6:58 pm
Procedural Due Process Claim The Sixth Circuit considered whether the district court met the procedural requirements of a sua sponte dismissal on the merits. [read post]
30 Mar 2023, 5:00 am
“SUA SPONTE” DISMISSALS SHOULD “SPARINGLY” ISSUEAfter a New York County Supreme Court justice dismissed a case for a plaintiff’s failure to provide the court with a status update, a motion was made to vacate that default, but that application was declined by the judge.On appeal, the Appellate Division, First Department, thought that the court below had “improvidently exercised its discretion” by denying the request, as the plaintiff had demonstrated… [read post]
28 Mar 2023, 2:41 pm
Jurisdictional bars, however, "may be raised at any time" and courts have a duty to consider them sua sponte. [read post]
26 Mar 2023, 3:30 pm
App. 3d 1050, 1055 (1998) A judge should, however, entertain some argument about whether to escrow marital funds otherwise the the order becomes “sua sponte. [read post]
16 Mar 2023, 7:37 pm
On July 27, 2022, a three-judge panel of the Eleventh Circuit raised the issue of subject matter jurisdiction, sua sponte, and held that the approval of class certification and settlement must be vacated and remanded. [read post]
16 Mar 2023, 10:52 am
I couldn’t pass on writing about a Business Court Order that the Court itself described as “Sua Sponte Order on Abusive Language. [read post]
14 Mar 2023, 9:01 am
The order, which appears not to be accompanied by any dissents from denial of rehearing en banc (or concurrences in the denial) is here: A judge of this court sua sponte requested a vote on whether to rehear this case en banc. [read post]
9 Mar 2023, 5:01 am
On April 29, 2021, the court sua sponte ordered Plaintiff to "file an Amended Complaint that contains the facts necessary for this court to establish jurisdiction. [read post]
9 Mar 2023, 4:15 am
Patent and Trademark Office (USPTO) Director Kathi Vidal has been on a tear recently, reviewing sua sponte a number of Patent Trial and Appeal Board (PTAB) decisions and designating others precedential. [read post]
9 Mar 2023, 4:15 am
Patent and Trademark Office (USPTO) Director Kathi Vidal has been on a tear recently, reviewing sua sponte a number of Patent Trial and Appeal Board (PTAB) decisions and designating others precedential. [read post]
3 Mar 2023, 12:30 pm
Which doubtless is why the First Circuit wasted no time issuing this sua sponte blockbuster errata clarifying that a district court's discovery orders were in fact "flaunted. [read post]
27 Feb 2023, 8:38 pm
Fintiv Not a Single Step Framework USPTO Director Vidal has issued a number of sua sponte Director decisions since her arrival. [read post]
22 Feb 2023, 1:21 pm
Still, it seems a fairly radical view of due process, or at least one that I'm definitely not used to seeing, even in the wide plethora of procedural due process cases that I normally read and or teach to my students.Second, at the very end of the opinion, Justice Dato notes (correctly) that the trial court erred by not sua sponte telling the jury what the proper law was regarding whether the defendant had to be formally served with the DVRO or whether the police officer's… [read post]
15 Feb 2023, 12:49 am
In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, registration now open, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. [read post]
9 Feb 2023, 10:11 am
After the PTAB granted the IPR, Director Vidal quickly issued a sua sponte director review order and also ordered the PTAB to allow additional discovery into Google’s role. [read post]
8 Feb 2023, 3:13 am
The courts cannot sua sponte apply the unclean hands doctrine, however, as explained in a recent Florida child support case in which the father sought a modification. [read post]
6 Feb 2023, 6:42 pm
Sua sponte, the court ordered briefing on whether "any other provision of the Constitution could confer a right to abortion as an original matter, which may or may not be addressed in Dobbs, such that Dobbs may or may not be the final pronouncement on the issue, leaving an open question. [read post]
1 Feb 2023, 1:26 pm
For the reasons above, the court denied the insurer’s motion for summary judgment and, instead, granted summary judgment sua sponte for the insured. [read post]
31 Jan 2023, 8:22 am
Subject matter jurisdiction may not be waived, and “courts may raise the issue sua sponte. [read post]
