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15 Aug 2013, 3:31 pm
The court sua sponte issued an Order Appointing a Guardian Ad Litem to conduct an independent, balanced and impartial investigation for the court into the facts relevant to the Return petition and the defenses raised by Respondent. [read post]
17 May 2013, 10:52 am
The court even went to the expert’s report, maybe sua sponte, to spot inconsistencies with his affidavit. [read post]
26 Jan 2017, 11:23 am
- La Repubblica riconosce e garantisce i diritti inviolabili dell'uomo, sia come singolo sia nelle formazioni sociali ove si svolge la sua personalita', e richiede l'adempimento dei … [read post]
8 Apr 2013, 1:05 am
The Supreme Court noted that Vice Chancellor Laster had “sua sponte announced and applied an irrebutable presumption that derivative plaintiffs who file their complaints without seeking books and records very shortly after the announcement of a ‘corporate trauma’ are inadequate representatives. [read post]
9 Jun 2016, 5:30 am
This part of the latest issue of the AILA Georgia-Alabama and Central and South Florida Chapter 11th Circuit Litigation Newsletter summarizes unpublished BIA decisions from Alabama and Georgia. [read post]
15 Apr 2016, 4:56 am
This post examines an opinion from the U.S. [read post]
26 Dec 2016, 3:14 pm
Keep in mind as to Declarations of Disclosure that you have a duty, sua sponte (i.e., without being asked), to augment your prior Declarations of Disclosure with updated information per Family Code section 2102(b)(1) to the extent there have been "any material changes" relating to assets and debts, but also income. [read post]
27 Aug 2012, 7:16 am
., Inc. in which the court provided a sua sponte discussion of the dispraised doctrine of aesthetic functionality in the context of the contemporary merchandising practices of trademark owners, which analysis was subsequently withdrawn in its entirety by the court six months later when it substituted its former opinion with a new holding on grounds other than aesthetic functionality. [read post]
31 Jan 2014, 7:26 am
Oddly, the plaintiffs made this argument neither in the district court nor in the Court of Appeals, and the term “combination product” did not appear in the parties’ briefs until after the Sixth Circuit sua sponte requested supplemental briefs on whether the product was a “combination product” and whether the statute would apply to such a product. [read post]
13 Feb 2006, 12:01 pm
Although only one of the motions was opposed, the court discussed certain issues sua sponte to inform parties of the court's expectations for future motions.Although the debtors served notice of the extension motions on all creditors, in certain cases they did not provide at least 20 days notice of the hearing, as required by the court's local rules. [read post]
12 Nov 2021, 1:58 pm
You don't at the pleading stage come up with defenses for the other side sua sponte and kick the complaint on that basis. [read post]
31 Aug 2020, 6:54 am
Plaintiffs offer no such reason, and we are not willing to create one sua sponte, especially where we are to defer to AFSCME's reasonable interpretations of its constitution. . . . cf. [read post]
31 Jul 2013, 8:18 am
We wonder when courts will take it upon themselves to screen complaints and issue “try again” orders sua sponte. [read post]
8 Jul 2016, 9:20 am
Instead, the trial court issued the permanent injunction sua sponte, referencing a motion to recuse filed by Baskin, as well as an action she filed in federal court seeking to overturn the temporary order, noting that her actions “[were] an obvious attempt to intimidate the [judge]. [read post]
29 Jun 2015, 5:41 am
In reality, however, the report completely contorts both the facts and the law in actually sua sponte finding military objectives for Hamas attacks. [read post]
6 Oct 2013, 11:03 am
This is a proceeding wherein the court is called upon to determine whether the attorney for the defendant's application to be relieved as attorney of record should be granted, if the defendant's applications brought pro se while still represented by counsel are properly before the court, whether or not the defendant is entitled to a 30 day stay of all proceedings in the event counsel is relieved pursuant to CPLR 321(c), whether or not the defendant is entitled to a second court appointed counsel… [read post]
30 Aug 2017, 6:56 am
”Cybersquatting claims failed too, of course; even if the mark weren’t generic, the primary cybersquatting claim would still have failed because the mark was not distinctive at the time universalchurch.org was registered, in 2010, before the “Universal Church” registration became inconstestable and before it acquired any secondary meaning.The court granted summary judgment sua sponte on the NYGBL claims because they couldn’t succeed; ordinary trademark or… [read post]
19 May 2019, 6:25 pm
Contamos com a sua presença! [read post]
31 May 2015, 10:21 am
DENISE MICHELLE FOUGERE, Appellee. 1st District.Garnishment -- Circuit court acting in its appellate capacity departed from essential requirements of law when it affirmed county court order dismissing judgment creditor's garnishment action against judgment debtor's employer based on bankruptcy discharge of the underlying debt owed to creditor by the judgment debtor -- Discharge of judgment debtor's liability to creditor did not eliminate employer's independent liability under… [read post]
12 Sep 2013, 2:00 pm
So, the court’s consideration of exclusion must have been sua sponte, just like its discussion about imposing costs. [read post]