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26 Jun 2011, 11:16 pm
III Judicial Power. http://t.co/GyKP9HO Weil Bankruptcy Blog examines the admissibility of an examiner's report under federal evidence rules and specific cases. http://t.co/eNml8KT BK-DE rejects dismissal motion in preference case for lack of personal jurisdiction based on hardship & inconvenience. http://t.co/UohJEhc B-IL: No sov. immunity to IRS in §544(b)(1) action on theory that IL law doesn't allow unsec creditor to sue US for same. http://t.co/Fyz0lhw … [read post]
25 Jun 2011, 10:11 am
In appropriate circumstances, the court is mandated to take judicial notice, and in many instances, judicial notice may occur sua sponte. [read post]
24 Jun 2011, 3:55 pm
Then suddenly, out of the blue, this very same court – but this time the full panel of 12 judges – had decided en banc and sua sponte (collectively and on its own) to reconsider the case. [read post]
24 Jun 2011, 3:25 pm
This edition of “Petitions to watch” features cases up for consideration at the Justices’ June 23 Conference. [read post]
23 Jun 2011, 5:11 pm
They: Help us chase laws Sit for Supreme Court opinions, and Rollover for recalls, Seek TROs for tummy rubs, and Sleep sua sponte. [read post]
23 Jun 2011, 5:11 pm
They: Help us chase laws Sit for Supreme Court opinions, and Rollover for recalls, Seek TROs for tummy rubs, and Sleep sua sponte. [read post]
23 Jun 2011, 11:48 am
The Appellants appealed both the judgment and the district court’s denial of their motion for new trial or amended judgment.Issues: The Appellants present three issues: Whether the district court erred by disregarding the parties’ stipulation that a valid and enforceable contract existed and by raising a claim of unjust enrichment sua sponte. [read post]
23 Jun 2011, 10:59 am
The district court had found a Utah 2nd degree burglary conviction to be a "crime of violence" under a categorical approach and due to a sua sponte investigation of public records. [read post]
22 Jun 2011, 10:19 am
Similarly, Abbott did not persuade the court in Kiely to do anything; rather, the judge, acting sua sponte, called a hearing to discuss the amount in controversy because he doubted that it had been met. [read post]
22 Jun 2011, 8:08 am
Judge Shadur sua sponte ordered defendant to correct its answer. [read post]
21 Jun 2011, 12:40 pm
Holder (2010), that it had no jurisdiction to review sua sponte reopening determinations even though such determinations are governed, in relevant part, by the same statutory and regulatory framework as other reopening determinations. [read post]
20 Jun 2011, 9:55 am
A post in Portuguese on the FDJUR group of LinkedIn, which is for in-house lawyers in Brazil, asked members to respond with the software they are using. [ Qual o software que sua empresa ou escritório utiliza?] [read post]
18 Jun 2011, 10:59 am
* * * * * * 1st: Mass. req't to record routine extension to prevent mortgage's becoming obsolete tolled by §108(c) until stay ends. http://t.co/qcnug6S 4th-noting difficulty of issue-says §550(b) is a defense to an avoidance action that the defendant has burden to prove. http://t.co/2B6orWA 4th Cir sets objective & subjective standards… [read post]
16 Jun 2011, 3:13 pm
He had been charged with sale of a controlled substance....By engaging in the following conduct, Judge Dearman knowingly misused her office by: (1) sua sponte reducing bonds and charges without proper motion; (2) conditioning the reduction on church attendance; (3) exceeding her authority by altering bonds after a defendant had been released on bond or had waived preliminary hearing, or after a preliminary hearing had been conducted; (4) permitting others to create the impression that they… [read post]
15 Jun 2011, 9:22 am
HolderDocket: 10-920Issue(s): (1) Whether federal courts are categorically incompetent to review a Board of Immigration Appeals decision denying a motion to reopen removal proceedings sua sponte, even where that decision applies a legal standard, on the ground that such decisions are "committed to agency discretion by law"; and (2) whether the court of appeals erred by disregarding the BIA’s stated grounds for its decision, in conflict with SEC v. [read post]
13 Jun 2011, 1:06 am
Yet that would simply outrage the court, who'd probably consolidate the dates sua sponte. [read post]
11 Jun 2011, 6:27 pm
The case also presents an issue of whether the military judge erred by failing to provide a sua sponte instruction on voluntary manslaughter — an issue that seemed particularly interesting to the judges at oral argument. [read post]
8 Jun 2011, 8:11 am
The Circuit Court panel majority, without deciding any of the issues actually sent up on appeal, acted sua sponte to conclude that it had no jurisdiction to decide the case because the ATS did not apply to corporations. [read post]
8 Jun 2011, 8:04 am
It is notable that each case involved different procedural vehicles for seeking postconviction relief; in Krboyan, it was a petition for writ of error coram nobis, in Amer, a section 2255 habeas petition [although the court, in a move of great significance, sua sponte converted this into a petition for writ of error coram nobis thereby obviating the need for the petitioner to argue that his otherwise untimely 2255 petition fell within section 2255(f)(3)'s "new rule"… [read post]
7 Jun 2011, 10:06 am
“Os benefícios da assistência judiciária compreendem todos os atos a partir do momento de sua obtenção, até decisão final, em todas as instâncias, sendo inadmissível a retroação”, explicou. [read post]
