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19 Apr 2019, 5:59 am
April 16, 2019Appellate Division, Second Department Appellate Division holds that Indian Child Welfare Act applies to Neglect Proceeding and Shinnecock Tribe had right to intervene In Matter of Durpee M, v Samantha Q., 2019 WL 1461831 (2d Dept., 2019) the mother and her husband (father) were the parents of the child, who was born in January 2017. [read post]
5 Apr 2019, 5:40 am
Rather, the trial court sua sponte (on its own) entered the FRO against Z.B. based upon harassment even though harassment was not alleged in S.C. [read post]
2 Apr 2019, 6:32 pm
Ele ressaltou que, de acordo com a tradição e as normas das religiões de matriz africana, não se admite nenhum tipo de crueldade com o animal e são empregados procedimentos e técnicas para que sua morte seja rápida e indolor. [read post]
2 Apr 2019, 1:57 pm
(Pix Credit: Italy signs massive deal with China despite cautions from France and Germany)Recently there was much coverage of the visit to Italy of Xi Jinping and the execution of a Memorandum of Understanding between the two countries that appeared to some to signal a new relationship between Italy and China (English language coverage here, here, here, here, and here). [read post]
1 Apr 2019, 7:36 pm
I’ll note here that the IPR petitioners settled the case with IBM but the USPTO stepped in to defend the PTAB sua sponte claim construction decision. = = = = = Does Silence Disclose a Negative Limitation: The panel also addressed the single-sign-on element of the claims — the single-sign-on requirement is interesting because it may sound like a positive limitation but is really being interpreted as a negative limitation. [read post]
20 Mar 2019, 12:27 pm
Here, interestingly, Judge Robinson sua sponte issued summary judgment that the claims were not anticipated. [read post]
18 Mar 2019, 1:33 pm
Criminal procedure — Due process — Competency to stand trial Appellant Chastian Terrell (“Terrell”) raises a single issue for our consideration: whether the trial court abused its discretion in not sua sponte reconsidering whether he was competent to stand trial. [read post]
14 Mar 2019, 3:40 pm
” Acting sua sponte, the Federal Circuit en banc reheard the case and ruled 7-4 that Section 145 does not cover attorneys’ fees because the statutory language “all the expenses” is not sufficiently “specific and explicit” to overcome that presumption of the “American Rule. [read post]
11 Mar 2019, 11:44 am
Third, may (or must) a court raise the lack of registration sua sponte (on its own motion), or must it wait until an objection is raised by the defendant (meaning the registration requirement implicitly may be waived)? [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]
8 Mar 2019, 6:17 pm
It did not mention the exclusion of time under the Speedy Trial Act or use any language that would suggest a finding by the Court that an exclusion was proper.This sua sponte continuance carried the date of trial beyond the 70-day limit, and just before trial Reese filed a motion to dismiss the indictment. [read post]
6 Mar 2019, 12:42 pm
Amicus attorney be appointed in the right circumstances, either sua sponte or with notice and hearing upon motion made. [read post]
5 Mar 2019, 7:19 am
Anticipating the possibility of appeal, the circuit court sua sponte stayed the effect of its summary judgment order for 30 days. [read post]
21 Feb 2019, 8:40 am
Court of Appeals for the 3rd Circuit (sua sponte en banc) has held contrarily. [read post]
19 Feb 2019, 1:23 pm
Instead of initiating the review proceedings, Brinkmann argued the government should instead direct the director of the Patent and Trademark Office (PTO) to initiate a reexamination sua sponte. [read post]
19 Feb 2019, 1:02 pm
Apparently incredulous, Justice Samuel Alito asked, “[D]o you think it would be proper for the Postal Service or some other federal agency to contact the PTO ex parte and say, ‘Hey, why don’t you sua sponte look into the validity of this patent? [read post]
14 Feb 2019, 4:30 pm
Per Rule 14(c), SCFCR, “No rule to show cause shall be issued unless based upon and supported by an affidavit or verified petition, or unless issued by the judge sua sponte. [read post]
14 Feb 2019, 3:47 am
The court even noted sua sponte that the additional claim limitation--requiring that the recipient of a forwarded message from a chat history not be the same as the one from whose chat it is copied--may contradict dependent claim 5. [read post]
12 Feb 2019, 8:35 am
Sua sponte grant of summary judgment. [read post]
11 Feb 2019, 7:00 am
The mother also argued that the trial court erred in imposing the geographical restriction sua sponte. [read post]
