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11 Apr 2022, 7:10 am
The Massachusetts Supreme Judicial Court, the state’s highest court, recently held that (1) the attorney for a named putative class plaintiff who is deceased does not have authority to act on behalf of the deceased plaintiff absent a motion by the deceased’s legal representative; and (2) in limited circumstances, trial courts may sua sponte order notice to putative class members prior to certification only when absent notice the putative class members would face significant… [read post]
8 Apr 2022, 7:07 pm
Factors for Determining if Venue is Proper Upon review of the plaintiff’s complaint, the court decided, sua sponte, that venue was improper and transferred the matter to the United States District Court for the District of Connecticut. [read post]
5 Apr 2022, 10:45 am
Nevertheless, the trial court (acting sua sponte) awarded plaintiff equitable relief under another statute and held that the GTSA did not preempt this relief because “the drawings were not ultimately found to be trade secrets under the act. [read post]
25 Mar 2022, 9:45 am
This week in Other Barks & Bites: Senator Thom Tillis submits a slew of IP and antitrust questions for Supreme Court nominee, Judge Ketanji Brown Jackson, to answer; CEOs from major chipmaking firms appeal to the Senate Judiciary Committee to advance legislation to provide tax incentives for domestic semiconductor production; the Federal Circuit affirms the PTAB’s Precedential Opinion Panel decision to rein in the Board’s ability to raise patentability issues sua sponte; the… [read post]
25 Mar 2022, 9:45 am
This week in Other Barks & Bites: Senator Thom Tillis submits a slew of IP and antitrust questions for Supreme Court nominee, Judge Ketanji Brown Jackson, to answer; CEOs from major chipmaking firms appeal to the Senate Judiciary Committee to advance legislation to provide tax incentives for domestic semiconductor production; the Federal Circuit affirms the PTAB’s Precedential Opinion Panel decision to rein in the Board’s ability to raise patentability issues sua sponte; the… [read post]
24 Mar 2022, 7:04 pm
Going forward, I would expect very few sua sponte grounds raised against motions to amend. [read post]
22 Mar 2022, 11:00 am
The court determined that the exception does not encompass a district court’s decision to remand sua sponte. [read post]
18 Mar 2022, 7:15 am
In February 2021, the trial court sua sponte terminated all motions because plaintiffs had not timely moved to reopen the case. [read post]
16 Mar 2022, 1:49 pm
In recent posts of interest from the “final decisions” blog: Bryan Lammon has posts titled “New Split on Appealing Sua Sponte CAFA Remands; A divided Eleventh Circuit created a circuit split on whether appellate courts can review sua sponte remands in cases removed under CAFA” ; and “State Court Injunctions, Removed Actions & § 1292(a)(1); The Sixth Circuit held that it lacked jurisdiction to review a state court preliminary injunction in an… [read post]
14 Mar 2022, 11:33 am
Court of Appeals for the Eleventh Circuit recently held that it did not have jurisdiction to consider a defendant’s motion for leave to appeal in a case that was previously removed to federal court pursuant to the federal Class Action Fairness Act after the federal trial court sua sponte remanded the case back to state court. [read post]
14 Mar 2022, 6:49 am
” Judge Rosenbaum identified a circuit split, citing a decision by the Ninth Circuit, holding that CAFA allowed an appeal of a sua sponte remand, and cases where the Seventh and Eighth Circuits had reviewed sua sponte remands without raising the jurisdictional issue. [read post]
4 Mar 2022, 12:30 pm
After district attorneys from three California counties are denied intervention in a challenge to California's death-penalty procedure (which they seek to defend), a member of the Ninth Circuit sua sponte calls for rehearing en banc. [read post]
2 Mar 2022, 5:05 am
" … [T]he instant trial court sua sponte pulled non-party Stepmother into this court proceeding by issuing an order against her without addressing the absence of original service of process for Stepmother….. [read post]
2 Mar 2022, 4:18 am
The difference between a sua sponte order and an order upon a motion made upon notice may be slim at times. [read post]
24 Feb 2022, 6:12 pm
The petition offers a classic argument that the Federal Circuit’s sua sponte claim construction on appeal undermined the jury verdict in a way that conflicts with Soot’s Seventh Amendment rights. [read post]
16 Feb 2022, 12:22 am
In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. [read post]
11 Feb 2022, 12:30 pm
Sineneng-Smith—where the Supreme Court (sua sponte) admonished the Ninth Circuit for sua sponte holding overbroad the federal statute that makes it a crime to encourage aliens to stay in the U.S. illegally for purposes of financial gain. [read post]
10 Feb 2022, 10:07 pm
June 17, 2015) ('The application or propriety of transfer under the first-to-file rule may be raised sua sponte.'). [read post]
25 Jan 2022, 2:48 pm
Furthermore, Apple does not argue that the Board engaged in sua sponte construction or that there are exceptional circumstances that justify departing from the forfeiture principle. [read post]
24 Jan 2022, 11:46 am
New CR 99 expressly provides the trial court the authority to refer a case for mediation at any time either sua sponte or at the request of any party, an authority previously provided in the Model Rules, and lists factors the trial court should consider in deciding whether to refer the case to a mediator. [read post]
