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23 May 2008, 11:17 am
We raise sua sponte the following issue of whether the trial court erred in granting request for a declaratory judgment. [read post]
22 May 2008, 12:25 am
He would have granted summary judgment sua sponte to Opposer because, in his view, timely correction of an error prior to registration and prior to any challenge to the application should completely defeat any fraud claim. [read post]
21 May 2008, 10:26 am
In reversing the trial court’s order and judgment, however, the court noted that Code of Civil Procedure section 437c, subdivision (f)(2), did not, and could not, vitiate the court’s inherent power under the California Constitution to reconsider its own rulings sua sponte. [read post]
19 May 2008, 10:23 am
" In order to do so in this case a stay pursuant to CPLR § 2201 is granted sua sponte to allow for the filling of Articles of Dissolution and the appointment of a representative to wind up the affairs of the entity to allow final resolution of all matters including the present lawsuit. [read post]
16 May 2008, 10:53 am
We often reach out to them for comment, especially on sensitive items, but they should also feel free to contact us sua sponte.) [read post]
15 May 2008, 6:07 am
Davis has sua sponte issued an order stating that he believes he may have committed a "manifest error of law" by giving the jurors an incorrect jury instruction which accepted the RIAA's "making available" theory.The judge stated that neither Ms. [read post]
13 May 2008, 12:04 am
The CAFC's sua sponte en banc rehearing of Bilski's claimed risk management process, so far denied as unpatentable subject matter, indicates the appeals court's desire to draw a "bright line test for determining whether a claimed invention embodies statutory subject matter," a "quest" that a BPAI judge in Bilski's case deemed "an exercise in futility. [read post]
8 May 2008, 5:47 am
[*P21] While we have no cases which categorically state that we will apply the "inevitable discovery" doctrine sua sponte, it appears we did so in Pearson. [read post]
1 May 2008, 1:24 pm
The brief is dry and procedural but takes the position that "the panel majority broke new ground in requiring a district judge, sua sponte, to call for a hearing or additional submissions about an expert’s reliability under Rule 702 where a motion to exclude has already raised that issue and the proponent, in his written opposition, has neither made a showing of reliability nor asked for a hearing. [read post]
1 May 2008, 1:24 pm
The brief is dry and procedural but takes the position that "the panel majority broke new ground in requiring a district judge, sua sponte, to call for a hearing or additional submissions about an expert’s reliability under Rule 702 where a motion to exclude has already raised that issue and the proponent, in his written opposition, has neither made a showing of reliability nor asked for a hearing. [read post]
1 May 2008, 11:33 am
We also conclude that the district court manifestly abused its discretion when it, sua sponte, issued a gag order prohibiting all communication relating to the case, without providing reasonable notice that it was considering such a restrictive order. [read post]
27 Apr 2008, 8:30 am
The Third Circuit notices that the BIA frequently reopens a case sua sponte where a conviction is vacated so the immigration consequences are vastly different.In this case, the BIA was not clear why it denied the motion to reopen sua sponte. [read post]
24 Apr 2008, 12:55 pm
We hereby sua sponte expedite the appeal. [read post]
24 Apr 2008, 4:03 am
When KSR revised the obviousness standard, the Court sua sponte ordered supplemental briefing regarding obviousness in light of KSR. [read post]
22 Apr 2008, 5:11 pm
As the author of Judicial Humorist: A Collection of Judicial Opinions and Other Frivolities put it:Here are presented some forty occasions in which Justice has descended from her pedestal, laid aside the bandage, and done a bubble dance with the scales.I begin with perhaps the best example of poetic justice (ahem), a bankruptcy case (In re Love, 61 B.R. 558 (Bankr. 1986)) in which the judge issued an opinion sua sponte (on his own observation, not in response to a request from a party to… [read post]
21 Apr 2008, 11:52 am
Clements, No. 07-2981 Conviction for possession of a firearm by a felon is affirmed over defendant's claims that: 1) his encounter with the arresting officers constituted an illegal seizure in violation of his Fourth Amendment rights; and 2) the district court judge violated his due process rights by failing to sua sponte order a competency hearing during trial. [read post]
18 Apr 2008, 9:31 pm
Massachusetts Bankruptcy Judge Hillman decided sua sponte to deny confirmation of a Chapter 13 plan with a balloon payment. [read post]
16 Apr 2008, 6:49 am
First, there was the unsucessful effort by the judge to empanel sua sponte an anonymous jury. [read post]
15 Apr 2008, 4:35 am
United States (07-330), involving appellate judges' ability to increase sentences sua sponte.... [read post]
14 Apr 2008, 9:01 pm
United States (07-330), involving appellate judges' ability to increase sentences sua sponte. [read post]
