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9 Feb 2016, 6:27 am
It’s not all that common, but every now and then our opponents feel their oats and seek injunctive relief – usually against the continued marketing of an FDA-approved product. [read post]
25 Sep 2019, 5:35 pm
(Pix © Larry Catá Backer 2019)The Coalition for Peace and Ethics BHR Treaty Project is considering Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities Corporations and Other Business Enterprises," released on 16 July 2019 by the open-ended intergovernmental working group (OEIGWG) Chairmanship. [read post]
9 May 2018, 2:58 pm by Lawrence B. Ebert
InSAS, the Board construed the relevant term in its institutiondecision, but in the final written decision sua sponteissued and adopted a significantly different construction,even though neither party had disputed the Board’soriginal construction and premised their arguments in theproceeding on that construction. [read post]
28 Jan 2013, 4:35 am by Rebecca Tushnet
  The district court’s sua sponte dismissal should have been reserved for a complaint that was “so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised. [read post]
13 Nov 2015, 6:16 am
Similarly, the music, audiobooks, and game software had no physical form, but instead represented the vendors' willingness to allow the items to be downloaded – copied -- for a fee.The military judge (who is to be commended for sua sponte spotting and thoughtfully analyzing the issue of tangibility despite our differing with his legal conclusion) found that once the appellant downloaded the media to his device, `the properties convert from that [read post]
18 Jun 2014, 8:58 pm
Category: Administrative Law    By: Jesus Hernandez, Blog Editor/Contributor TitleQ.I. [read post]
11 Feb 2016, 11:32 am
            This post is from the non-Reed Smith side of the blog. [read post]
15 Jul 2014, 7:57 pm
No attorneys' fees have ever been provided for out of seized funds; and there is no expectation by this court that a prosecutor sua sponte will make provisions for a defendant to have counsel of his or her choice compensated from assets which have been forfeited. [read post]
27 Feb 2015, 1:06 pm by Rebecca Tushnet
  Cigar case = nuanced sua sponte analysis; not other things. [read post]
13 Mar 2015, 3:20 am
Como fontes para as suas investigações Arendt usou, além de documentos filosóficos, políticos e históricos, biografias e obras literárias. [read post]
1 Aug 2022, 1:35 pm by Rebecca Tushnet
The court of appeals reversed the district court’s sua sponte dismissal (pre-motion letters converted to a motion to dismiss) and further ruled that ICC’s allegations mostly stated a claim. [read post]
31 Oct 2012, 5:05 am by Rob Robinson
.: How a Data Management Initiative Could Have Prevented Sanctions – http://bit.ly/Q61aIk (Linda Sharp) Court Instructs Parties to Utilize Predictive Coding, Requires Show of Cause to Avoid It – http://bit.ly/SJ3SjI (K&L Gates) Data Lawyers and Preventive Law – http://bit.ly/PS4bMu (Nick Brestoff) Delaware Chancery Court Blocks Business-Strategy Immunity in Discovery – http://bit.ly/R5nDQO (Jeff Mordock) Delaware Chancellery Court Sua Sponte Orders Parties to Use… [read post]
10 Oct 2022, 9:55 am by Florian Mueller
Otherwise Brexit would have amounted to the bloc's dissolution.The Commission has important duties to carry out and cannot put everything on hold because of someone bringing a lawsuit somewhere.The "Super League" case started in April 2021, and a few weeks later, a Spanish trade judge sua sponte referred half a dozen questions to the ECJ. [read post]
6 Oct 2013, 10:24 pm by Kevin LaCroix
  On my way out of the club, I said to the singer “Amo sua música” (I love your music) to which she responded by saying (in Engish) “In that case, you’ll want to buy one of my CDs. [read post]
14 Feb 2014, 10:01 am
  The elephant in the room on design defect for a drug is impossibility preemption, but the court pointed out in a footnote that Defendants did not assert it and the court would not consider it sua sponte. [read post]
26 May 2020, 5:00 am by Patrick Hulme
While the American public often will not sua sponte push back against constitutional overreach, members of Congress have a strong power to trigger it to do so. [read post]
21 Jul 2020, 5:21 pm by Allan Blutstein
  The court’s sua sponte dismissal of the policy-and-practice claim for lack of standing was even more bizarre. [read post]
21 Jul 2014, 12:35 pm by Cindy Cohn and Katitza Rodriguez
Pelo contrário, argumentamos em favor de sua aplicação adequada no contexto digital. [read post]
14 Jan 2019, 5:59 pm by Florian Mueller
The patent-in-suit is EP2460270 on a "switch with improved biasing" ("biasing" in this context basically meaning that one voltage gets to control another).I'm not going to stay up, or get up at midnight, for a nuisance lawsuit (which is all that this one is in practical terms), but I'm sure many will hear about the decision, so I'll quickly explain what may happen and why it's a pointless lawsuit in any event.If the court clears those iPhones of infringement,… [read post]