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10 Dec 2019, 8:35 am by Eugene Volokh
Within an hour of the filing, the Court entered an order without the benefit of a hearing and without notice to the Respondent that: Denied the Petitioner's "motion for emergency restraining order"; sua sponte, ordered "the non-requesting party is restrained from contacting Petitioner and her son in any way at any location"; ordered that the "Petitioner is allowed to retrieve her personal property August 25, 2018 from 9:00 a.m. to 3:00 p.m. [read post]
5 Dec 2019, 3:47 pm by Michael Froomkin
 Certainly the lawyers, neither of whom had briefed the jurisdictional issue (lack of federal jurisdiction is a matter that federal courts may raise sua sponte) looked a bit pole-axed at the prospect of being sent to state court when he gave them the ruling from the bench. [read post]
21 Nov 2019, 4:58 am by admin
The general rule is that limiting instructions need only be given when requested and they need not be given sua sponte by the court. [read post]
19 Nov 2019, 6:15 am by Steve Lubet
” Magliocca recognizes that structural arguments are divorced from traditional legal authorities, “But in this case I think that the principle of ‘Nemo iudex in causa sua’ is broad enough to cover a President preventing anyone from being a judge in his case. [read post]
17 Nov 2019, 5:32 pm by Gerard N. Magliocca
But in this case I think that the principle of "Nemo iudex in causa sua" is broad enough to cover a President preventing anyone from being a judge in his case.One more thing. [read post]
11 Nov 2019, 3:43 am by Roberto Oliva
  Esso è parzialmente disciplinato dalla legge (artt. 816-quater e 816-quinquies cod. proc. civ.) e sono noti i turbamenti (per usare l’espressione di un’autorevole Autrice) che può portare la sua realizzazione nel corso del procedimento arbitrale. [read post]
10 Nov 2019, 4:03 pm by Stuart Kaplow
This is not simply an instance of Detective Pikachu being “in” while True Detective is “out” but is about the FTC and state attorneys general policing environmental claims sua sponte. [read post]
8 Nov 2019, 4:00 am by Public Employment Law Press
"The district court therefore did not err in dismissing this action after Relator failed to retain counsel, despite being granted ample opportunity to do so.Although Relator argued on appeal that appointment of counsel by the district court was warranted, the Circuit Court of Appeals observed that Relator did not move for the appointment of counsel in the district court, and the district court was not required to sua sponte appoint counsel.* A person who appears before the Court… [read post]
8 Nov 2019, 4:00 am by Public Employment Law Press
"The district court therefore did not err in dismissing this action after Relator failed to retain counsel, despite being granted ample opportunity to do so.Although Relator argued on appeal that appointment of counsel by the district court was warranted, the Circuit Court of Appeals observed that Relator did not move for the appointment of counsel in the district court, and the district court was not required to sua sponte appoint counsel.* A person who appears before the Court… [read post]
8 Nov 2019, 4:00 am by Public Employment Law Press
"The district court therefore did not err in dismissing this action after Relator failed to retain counsel, despite being granted ample opportunity to do so.Although Relator argued on appeal that appointment of counsel by the district court was warranted, the Circuit Court of Appeals observed that Relator did not move for the appointment of counsel in the district court, and the district court was not required to sua sponte appoint counsel.* A person who appears before the Court… [read post]
8 Nov 2019, 4:00 am by Public Employment Law Press
"The district court therefore did not err in dismissing this action after Relator failed to retain counsel, despite being granted ample opportunity to do so.Although Relator argued on appeal that appointment of counsel by the district court was warranted, the Circuit Court of Appeals observed that Relator did not move for the appointment of counsel in the district court, and the district court was not required to sua sponte appoint counsel.* A person who appears before the Court… [read post]
5 Nov 2019, 6:41 am by Dennis Crouch
On remand, the Board will now have to decide whether to move forward with an obviousness rejection sua sponte or send the case back to the examiner for review. = = = = The court noted two other claim construction tidbits: PHOSITA: Claims are construed from the frame of reference of a person of ordinary skill in the art. [read post]
24 Oct 2019, 2:40 am by Roberto Oliva
Il Tribunale di Salerno ha recentemente deciso una complessa vicenda societaria e la sua pronunzia (n. 3296 del 21 ottobre 2019, disponibile qui), unitamente a quella resa dalla Corte di Appello di Salerno con riferimento alla stessa vicenda (n. 1311 del 14 settembre 2018, disponibile qui), rappresenta a mio avviso un’ottima occasione per svolgere alcune … Leggi tutto "Arbitrato irrituale societario" L'articolo Arbitrato irrituale societario sembra essere il… [read post]
24 Oct 2019, 2:29 am
Bell, considering the issue of subject matter sua sponte, ruled 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 to proceed in the district court (rather than the CAFC) as to the second Board decision. [read post]
21 Oct 2019, 5:12 pm
Here’s the abstract: Il diritto internazionale visto nella sua circolarità, ossia come espressione di un ordinamento in cui le norme che lo disciplinano vengono poste, mutano o si estinguono per effetto della volontà degli stessi soggetti a cui quelle norme sono rivolte, in primo luogo gli Stati. [read post]
18 Oct 2019, 11:28 am by Danielle D'Onfro
., as the Fourth and Ninth Circuits have held but the Third Circuit (sua sponte en banc) has held contrarily. [read post]
14 Oct 2019, 1:57 pm by Kevin LaCroix
The insured vs. insured exclusion is a standard exclusion in most management liability insurance policies. [read post]
10 Oct 2019, 10:41 am by Eric Tsai
Court of Appeals for the Ninth Circuit recently vacated an order sua sponte remanding to state court a putative class action removed under the federal Class Action Fairness Act. [read post]