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31 Dec 2020, 5:01 am
" … "Indeed, it is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking. [read post]
30 Dec 2020, 4:49 pm
To be clear: Inmates are still allowed to sua sponte tell other inmates that their bail agent was awesome or terrible or whatever. [read post]
30 Dec 2020, 7:26 am
Financial institutions may share information about activities that they suspect may involve possible terrorist financing, money laundering, or the proceeds of a specified unlawful activity (“SUA”). [read post]
23 Dec 2020, 5:13 am
” See Op. at 19.Anyone wishing to review the Majority Opinion by Justice Wecht may click this LINK.Justice Dougherty’s Dissenting Opinion may be viewed HERE.Commentatary:Commentators are already pointing to the fact that, in his Dissenting Opinion, Justice Kevin Dougherty read this language as indicating that the Majority went “beyond the question [presented] to decide sua sponte the sudden emergency doctrine is no longer a viable defense in the Commonwealth. [read post]
22 Dec 2020, 8:34 am
This post summarizes published criminal decisions from the North Carolina Supreme Court released on December 18, 2020. [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]
13 Dec 2020, 2:17 pm
Nonetheless, the following seven assigned errors bear discussion: (1) whether the military judge erred in allowing appellant to represent himself; (2) whether the military judge erred in allowing appellant to represent himself at sentencing in a capital case; (3) whether the military judge erred in denying standby counsel's motion for the independent presentation of mitigation evidence; (4) whether the Staff Judge Advocate was disqualified from providing the Article 34, UCMJ, pretrial advice;… [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]
12 Dec 2020, 3:32 pm
Wolfe informs us that he was unable to obtain a date at that time, but six days later, on March 31, the court sua sponte set a hearing on his motion for June 4, 2020. [read post]
11 Dec 2020, 7:05 pm
And in further en banc news, the Eleventh Circuit will (sua sponte) reconsider its decision that manufacturers of custom orthodontic trays can proceed in their antitrust suit against the Georgia Board of Dentistry. [read post]
10 Dec 2020, 6:18 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]
9 Dec 2020, 9:01 pm
In the first four parts of our series on the California v. [read post]
8 Dec 2020, 12:01 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]
6 Dec 2020, 9:20 am
TOC after the jump.Chapter 1: Jura sua unicuique tribuat: Innocent II and the advance of the learned lawsChapter 2: ‘Justinian’s Laws, not the Lord’s’: Eugenius III and the learned lawsChapter 3: Servus servorum Dei: Adrian IV’s contribution to canon law (1154-9)Chapter 4: Alexander ille meus: The Papacy of Alexander IIIChapter 5: The Effect of Alexander III’s ‘Rules on the Formation of Marriage’ in Angevin EnglandChapter 6: The Nature… [read post]
4 Dec 2020, 1:32 pm
Just like the federal court can raise constitutional standing sua sponte -- as, indeed, the panel does here -- and find it (in an appropriate case) lacking notwithstanding the consent of the parties, so too does this issue seem one of actual fact and not sufficient (or allegedly insufficient) pleading.So get rid of the case if you don't like it; on the merits, on summary judgment, on class certification, or whatever. [read post]
2 Dec 2020, 5:51 pm
Further, the restrictions contained in all three paragraphs were imposed sua sponte by the general magistrate in its recommended order, and adopted thereafter by the trial court without a hearing. [read post]
2 Dec 2020, 12:46 pm
After hearing argument, the bankruptcy court judge sua sponte certified the following questions to the Nevada Supreme Court: Under Nevada law, does NRS 11.290 apply to any and all actions or claims that may be brought against a bank for any reason? [read post]
23 Nov 2020, 4:00 am
In contrast, the term sua sponte is used to describe an action by a single presiding jurist without prompting or suggestion from a party in the litigation then pending adjudication. [read post]
23 Nov 2020, 4:00 am
In contrast, the term sua sponte is used to describe an action by a single presiding jurist without prompting or suggestion from a party in the litigation then pending adjudication. [read post]
18 Nov 2020, 6:59 pm
Rather the Board construed the terms sua sponte. [read post]
