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18 Jan 2022, 6:53 am
"Affirmative Defenses": Finally, The Board sua sponte struck the applicant's "affirmative defense" of failure to state a claim because is "not a true affirmative defense. [read post]
9 Sep 2018, 1:46 am
And if my wish was granted, the court would sua sponte place a lot more emphasis on the enforceability part than Apple did.A few more quotes from Apple's complaint show the importance of the underlying issue:"Qualcomm's recent effort to cover its tracks—by punishing Apple for providing truthful testimony at the request of government regulators—underscores the lengths to which Qualcomm will go to protect its extortion scheme. [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]
22 Aug 2018, 12:20 pm
Not only did the trial court get it totally right, in my view, but the resulting publication of the opinion is bad press the value of which far exceeds the roughly $5,000 in fees she didn't receive (and still didn't receive after the opinion).Plus there's the time, effort and fees expended on appeal.Regardless of the wisdom of the appeal, I was heartened to see judges taking real initiative and doing hard work, essentially sua sponte, to ensure that attorneys… [read post]
2 Feb 2017, 10:26 am
We request this investigation under your sua sponte authority to challenge merit system violations. [read post]
3 Oct 2020, 6:30 am
The court raised it sua sponte. [read post]
9 Jun 2014, 10:08 pm
Cir. 2004)).Regarding the obviousness of claims 1–60, however, those claims differ only slightly from claims 61–72, the rejection of which we have above affirmed.Of new ground of rejectionWe are cognizant of the fact that the Board perhaps did not sua sponte reject claims 1–60 for obviousness over Sainio in view of Ross because that rejection would have constituted a new ground for rejection on appeal. [read post]
24 Jan 2013, 4:05 am
Today the IPKat returns to an issue that has frequently been aired on this weblog: in the past he has ranted about this topic sua sponte, but now he is returning to it because he has just received one email too many from some asking him either (i) whether anything has been done about it yet, or (ii) why nothing has been done about it so far The topic is that of consultation mechanisms in situations in which a national or regional court within the European Union doesn't know the… [read post]
22 Feb 2023, 1:21 pm
Still, it seems a fairly radical view of due process, or at least one that I'm definitely not used to seeing, even in the wide plethora of procedural due process cases that I normally read and or teach to my students.Second, at the very end of the opinion, Justice Dato notes (correctly) that the trial court erred by not sua sponte telling the jury what the proper law was regarding whether the defendant had to be formally served with the DVRO or whether the police officer's… [read post]
15 Mar 2013, 10:53 pm
The issue of contractual ambiguity may be considered sua sponte by a reviewing court. [read post]
8 Dec 2015, 8:06 am
The result was a draft that (1) omitted the convention, (2) allowed Congress to propose sua sponte, and (3) required Congress to draft an amendment demanded by two-thirds of the states. [read post]
16 May 2014, 5:50 pm
Rite Aid then pounced, asking the trial court to sua sponte decertify. [read post]
6 Feb 2014, 4:37 am
(In the alternative, they were protected by qualified privilege, since the administrative body existed precisely to investigate such claims.)Summary judgment, sua sponte, for defendants on these claims. [read post]
9 Mar 2019, 11:51 am
The issue then was whether, or to what extent, the time between June 11, 2014—when the District Court ordered that Williams be transported to FMC Butner to undergo a psychological examination—and July 29, 2014—when Williams arrived at FMC Butner—was excludable for purposes of the seventy-day speedy trial clock.The Circuit held first that periods of unreasonable delay of more than ten days in the transport of a defendant to the site of a psychological examination… [read post]
28 Feb 2014, 12:04 pm
Attorney or any sentencing judge well knows -- a mea culpa means a lot more when you turn yourself in sua sponte than when you say it in an attempt to save yourself at sentencing.P.S. - I also thought that the U.S. [read post]
9 Apr 2013, 11:16 am
Judge Posner reiterated that under the Reform Act, defendants need not move for the imposition of sanctions; instead, the statute imposes on the district court the affirmative duty to determine sua sponte whether sanctions are appropriate upon final adjudication of the action. [read post]
24 Apr 2018, 2:05 pm
But it may be prudent for this Court to consider the matter sua sponte. [read post]
3 May 2014, 1:06 pm
The court sua sponte (which is a fancy-lawyer way of saying “on its own motion”) solicited testimony from a DOC employee on the nature of the home-detention program. [read post]
29 Oct 2018, 4:17 pm
The present case addresses a gag order that the district court issued sua sponte while the second jury deliberated on June 27, 2018. [read post]
15 Mar 2013, 10:53 pm
The issue of contractual ambiguity may be considered sua sponte by a reviewing court. [read post]
