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6 Oct 2013, 2:22 pm
June 30, 2009) (sua sponte dismissing, for lack of subject matter jurisdiction, an ICARA petition brought in a jurisdiction where the child was not located). [read post]
18 Oct 2021, 4:30 am
Local 628 and UFOA thereafter filed a CPLR Article 78 petitions contending that, among other things, that PERB's determination impermissibly exceeded the scope of the City's exceptions and that it engaged in sua sponte fact-finding that ran counter to the parties' stipulations of fact. [read post]
21 Apr 2016, 4:42 pm
There is a suggestion here to remand this piece sua sponte to the trial court to review the sealing, since it appears to have been done in error.Justice Dooley dissents. [read post]
14 Jul 2021, 2:30 am
1) The courtroom door being locked at 9am and no one else let in;2) Clients acquitted in a criminal case being taken into custody for "a records check"; 3) Being told by BSO officers who had their hands on handcuffs that we "could not talk to our client during the trial, subject to being arrested for violating this order"; 4) Having our 8:30 am case called last after all the 11:30 am cases were called; 5) Having our client's bond sua sponte… [read post]
29 Jul 2013, 1:27 pm
In the homeowners' RCRA action, the district court erred in entering judgment against SBIC sua sponte and the judgment, as well as the ensuing injunction, must be vacated. [read post]
27 Nov 2021, 2:20 pm
Although the Board struck the defense sua sponte, Dollar has shown no prejudicial error from that process given the substantive inapplicability of the Morehouse defense [read post]
15 Apr 2022, 4:35 pm
However, the Circuit Court sua sponte enjoined the City from enforcing the 300-foot rule, concluding that the Rule is impermissibly vague, notwithstanding that the Food Trucks had affirmatively waived the vagueness claim. [read post]
8 Jan 2013, 3:02 am
Leaving so little for the class members is a surefire way to make sure that the settlement attracts objectors or sua sponte criticism. [read post]
4 Dec 2013, 2:37 pm
Plus, right after the murder, when a detective happens to be in defendant's neighborhood, defendant walks up to him with his hands raised and says sua sponte "I’m sorry. [read post]
26 Dec 2012, 8:49 am
The court of appeals sua sponte vacated its original opinion. [read post]
6 Nov 2013, 6:19 am
First, the Superior Court recognized, sua sponte, that it inadvertently didn't consider Khalil's “Motion in Opposition” when it rendered its earlier order—which constituted reversible error. [read post]
26 Jul 2016, 8:03 am
Sua sponte created a website to serve as a connector for those wanting to teach technology. [read post]
31 Jan 2020, 4:00 am
" Notwithstanding the Town's contentions to the contrary, the Appellate Division said that "under the plain language of the Charter, the County Comptroller's general authority to "examine and audit . . . accounts and records," citing Charter §402[6], "which may be exercised sua sponte, is not restricted by the subsequently stated authority to make reports on financial conditions upon request. [read post]
29 Nov 2014, 11:10 am
” Despite this undisputed waiver, the Court nonetheless exercised its discretion in Brooks to “overlook the government’s waiver,” save the government’s bacon, and sua sponte find this constitutional error harmless. [read post]
8 Sep 2009, 9:02 pm
Class Action Improperly Removed to Federal Court (Twice) because Defendant Failed to Establish $5 Million Amount in Controversy Required by Class Action Fairness Act (CAFA) and Basis for Defendant’s Removal of Class Action Warrants Sanctions Sua Sponte California Federal Court Holds Plaintiff filed a putative class action in California state court against Motricity alleging violations of every conceivable statute, including the kitchen sink (see NOTE), arising from Motricity’s… [read post]
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]
20 Dec 2019, 9:20 am
When you don't oppose a lawsuit, or a motion therein, or the resulting appeal of the trial court's sua sponte denial of such an (unopposed) motion, I would think that the general equitable rule should be that the parties should typically bear their own costs on appeal.Even if, under the rules, the Court of Appeal is permitted, in its discretion, to do otherwise.I don't blame the City from wanting to tear the thing down (or make it habitable). [read post]
28 Aug 2023, 1:46 pm
Editorial Editorial Norma Sueli Padilha, José Sérgio da Silva Cristóvam, Thanderson Sousa 1-4 Editorial Artigos Aspectos gerais e trabalhistas sobre a proteção cooperada-integrada de dados pessoais Lucas… [read post]
17 Aug 2013, 3:56 am
” Id. at1365.Nor can the district court’s motion be sustained as asua sponte grant of summary judgment of no invalidity.It is well established that a district court has “the powerto enter summary judgment sua sponte, so long as thelosing party was on notice that she had to come forwardwith all of her evidence. [read post]
10 Sep 2015, 8:29 am
The appeals court, sua sponte, held that the plaintiffs could invoke Basic’s presumption of indirect reliance. [read post]
