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25 Mar 2021, 9:31 am
The parties litigated the case for two years before it was reassigned to a new district judge who, sua sponte, raised, for the first time, the question of whether the district court had jurisdiction to review the TTAB’s second decision given Plaintiffs had appealed the TTAB’s first decision to the Federal Circuit. [read post]
22 Mar 2021, 12:25 pm
A problem that exponentially increases when, as here, you're applying that law with respect to removal, since we sometimes remand cases sua sponte, with the additional complexity of not allowing an appeal.But when the district court expressly says that there's no plausible allegation of jurisdiction and that that's the standard, and then goes on to explain why (in its view) there's not one here, it's hard to argue -- as the Ninth Circuit does --… [read post]
22 Mar 2021, 3:32 am
Bell ruled (sua sponte) that because Princeton Vanguard had appealed the first Board decision to the CAFC under Section 1071(a) of the Lanham Act, it had waived its right (under Section 1071(b)) to proceed in the district court (rather than the CAFC) as to the second Board decision. [read post]
17 Feb 2021, 2:16 am
Litigants”, New York University Law Review 94 (2019), pp 1210-1243 Cuniberti, Gilles “Signalling the Enforceability of the Forum’s Judgments Abroad”, Rivista di diritto internazionale private e processuale (RDIPP) 56 (2020), pp 33-54 de Araujo, Nadia; de Nardi, Marcelo; Spitz, Lidia “A nova era dos litígios internacionais”, Valor Economico 2019 de Araujo, Nadia; de Nardi, Marcelo; Lopes Inez; Polido, Fabricio „Private International Law… [read post]
16 Feb 2021, 4:30 am
Simply put, Plaintiff’s allegations fail to establish that its injury is certainly impending.Order Denying Amended Motion for Preliminary Injunction and Sua Sponte Dismissing the Action, No. [read post]
6 Feb 2021, 8:10 am
“[A] trial judge may take judicial notice, sua sponte, of facts, as long as the judge makes clear during the course of the trial and not after the evidence is closed what facts and sources are included in the sua sponte notice” People v. [read post]
5 Feb 2021, 2:06 am
Una recente pronunzia della Corte di Cassazione (n. 1788 del 28 gennaio 2021, disponibile qui) consente di svolgere alcune riflessioni con riferimento al concetto di ordine pubblico e alla sua rilevanza in materia arbitrale. [read post]
5 Feb 2021, 2:06 am
Una recente pronunzia della Corte di Cassazione (n. 1788 del 28 gennaio 2021, disponibile qui) consente di svolgere alcune riflessioni con riferimento al concetto di ordine pubblico e alla sua rilevanza in materia arbitrale. [read post]
2 Feb 2021, 8:58 am
The Director also has the authority to institute these proceedings sua sponte. [read post]
1 Feb 2021, 5:47 am
And although defendants maintain that their position was so strong that the judge in the underlying action dismissed the claims against them sua sponte at trial, they have not supported that claim with documentary evidence. [read post]
26 Jan 2021, 9:52 pm
Twelve days ago, Samsung gave notice of its appeal of Judge Rodney Gilstrap's preliminary injunction under which Samsung would oddly have to reimburse Ericsson for fines imposed by the Intermediate People's Court of Wuhan, China, even if the court did so sua sponte (i.e., without a contempt motion by Samsung). [read post]
22 Jan 2021, 11:15 am
The lower court Judge granted conditional certification but then, sua sponte, certified the decision for appeal, observing that “few areas of the law are less settled than the test for determining whether a collective action should be certified. [read post]
21 Jan 2021, 12:54 pm
John Elwood reviews Tuesday’s relists Not much is happening in D.C. right now, so what can the Supreme Court do to give us a break from the tedium of endless Zoom meetings? [read post]
20 Jan 2021, 8:49 am
During the hearing on Brenda’s motion, the court sua sponte raised the issue of whether the parties had attempted to use a dispute resolution procedure, and the court determined they had not. [read post]
15 Jan 2021, 6:37 am
In June 2019, the trial court dismissed the Rule 224 petition with prejudice, determining sua sponte to dispose of the petition for failure to comply with Rule 224. [read post]
13 Jan 2021, 11:05 am
John Elwood reviews Monday’s relists How does the Supreme Court possibly top the excitement of last Friday’s fourteen new grants — including grants in a few important First Amendment cases? [read post]
7 Jan 2021, 3:05 pm
United States, 20-60Issues: Whether a public official can be convicted of bribery absent proof of an agreed exchange with the alleged bribe payor, based solely on his unexpressed, unilateral state of mind when receiving a benefit; (2) whether a conviction for Hobbs Act extortion can be based on a theory of simple bribery; and (3) whether, if the government elects not to argue harmless error, a court of appeals may raise harmless error sua sponte, without providing the defendant any… [read post]
2 Jan 2021, 2:02 am
Motorola antisuit injunction (affirmed by the Ninth Circuit), were granted.One of various issues with Ericsson's requested relief is that the Chinese court may impose contempt sanctions sua sponte, without Samsung even bringing a contempt motion, and then Samsung would have to pay Ericsson's fines. [read post]
31 Dec 2020, 10:20 am
of note here Generally, a district court may not sua sponte grant summary judgment unless the losing party had “notice and a reasonable time to respond. [read post]
31 Dec 2020, 7:10 am
The district court denied the motion, and acted sua sponte to enter summary judgment of non-infringement. [read post]
