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30 Apr 2013, 9:36 am
And why should there not be a power to act sua sponte, she mewses ...] ...". [read post]
6 Aug 2019, 2:27 am
Instead, it contended that the Board "sua sponte" raised the issue in its final decision (here) and that the Board applied an incorrect legal standard in comparing the marks. [read post]
9 Apr 2017, 5:12 pm
The three-judge panel in this case thought the standard of review would be dispositive: their (mysterious) sua sponte en banc call went up. [read post]
2 Jan 2014, 8:10 am
A district court may sua sponte dismiss a claim as time-barred where it is apparent from the complaint that the applicable limitations period has run. [read post]
7 Sep 2014, 1:37 pm
“Hardrick argues on appeal (1) that the district court abused its discretion in its balancing of the probative value of the uncharged-video evidence against the danger of unfair prejudice to him, and (2) that the district court erred by giving an insufficient limiting instruction on the 404(b) evidence and by failing to give another limiting instruction sua sponte when the 404(b) evidence was admitted into evidence. [read post]
14 Dec 2015, 6:13 am
Federal Rule of Civil Procedure Time Period to Respond FRCP 6 ( c ) -motion and notice served 14 days prior to the hearing supporting affidavit served 7 days FRCP 12 answer due 21 days answer to counterclaim/crossclaim 21 days reply to answer ( if ordered) if court denies a Rule 12 motion, answer 14 days after notice due if court grants more definite statement motion within 14 days answer to more definite statement 14 days… [read post]
9 Aug 2015, 9:04 am
Issue(s): “Because there was evidence of two different conspiracies, Lapier argues on appeal that the district court should have sua sponte given a specific unanimity instruction requiring the jury to agree on which conspiracy formed the basis of the conviction. . . . [read post]
1 Nov 2013, 6:23 am
Apparently, it took the view that there had been such an egregious violation of the rules of judicial conduct that the court had to act on its own—sua sponte, as the lawyers say. [read post]
17 Jun 2016, 7:12 am
Takeaway: A PTAB panel introduced a new ground of rejection sua sponte finding that the claimed subject matter was directed to patent-ineligible subject matter. [read post]
13 Dec 2020, 10:34 am
(No State filed such a motion.)It’s possible that this ambiguity should be construed as Justices Thomas and Alito agreeing to grant the the motion, but turning around and sua sponte rejecting the relief sought in the complaint for lack of standing or on the merits (for unarticulated reasons). [read post]
16 Nov 2009, 8:11 pm
After several years of litigation, and after the trial court certified the litigation as a class action, the trial court reconsidered its summary judgment ruling sua sponte and concluded that the plan’s forfeiture provision did not violate California law; accordingly, it granted defendants’ motion for summary judgment. [read post]
14 Dec 2020, 8:15 am
" The court then granted sua sponte the plaintiffs leave to take a Rule 30(b)(6) deposition to seek answers to those questions and, if appropriate, seek additional documents.This interlocutory appeal. [read post]
21 Apr 2015, 12:39 pm
Saying: "It is true that our refusal to vacate the decision after it has become moot deprives a member of our court of the right to seek sua sponte an en banc rehearing in order to obtain a different decision on the merits (although it leaves open the opportunity to seek an en banc rehearing for the purpose of vacating our decision). [read post]
17 Sep 2013, 9:24 am
Sept. 12, 2013) The court sua sponte ruled that it lacked Article III jurisdiction over this false advertising case, thus depriving it of the ability to rule on defendants’ anti-SLAPP motion (and to require fee-shifting). [read post]
18 Aug 2016, 1:14 pm
” Id. at 23.An issue which the CAFC did NOT address:TecSec first contends that the district court committedserious procedural error when it granted summaryjudgment on the basis of its sua sponte construction ofselecting a label, without providing proper notice. [read post]
3 Dec 2012, 10:12 am
A votação no Plenário Virtual, no entanto, não reafirmou a jurisprudência dominante sobre a matéria, que será submetida a posterior julgamento de mérito no colegiado do STF, uma vez que o RE teve sua repercussão geral reconhecida pelo STF. [read post]
2 Feb 2013, 8:44 pm
The easiest solution would be for the trial court to vacate all of the outstanding orders of commitment sua sponte.In the meantime, individuals or their attorneys will need to file motions to vacate the illegal sentences (before being detained in jail on the order) or a petition for writ of habeas corpus (after being detained in jail on the order). [read post]
28 Mar 2016, 12:35 pm
In fact, plaintiff never moved to remand, instead requesting a stay while he tried to complete the LMMA’s administrative procedures, a request that the district court denied.On appeal, however, the Fifth Circuit panel addressed diversity jurisdiction sua sponte and held that it didn’t exist. [read post]
10 Mar 2016, 5:43 am
On appeal, the Federal Circuit sua sponte granted en banc review of whether the appellate court's ruling on conditional sales in the U.S. must be overruled in light of Supreme Court's Quanta decision, and whether the appellate court's Jazz Photo ruling on international exhaustion must be overruled in light of the Supreme Court's ruling on copyright exhaustion in Kirtsaeng. [read post]
14 Nov 2012, 3:36 pm
In EORHB, which involved indemnification claims arising from a sale transaction, the court raised predictive coding sua sponte after granting partial summary judgment in favor of the defendants and refusing to dismiss the defendants' counterclaims for indemnification. [read post]
