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3 Mar 2008, 2:30 pm
Therefore, raising the rule's time bar sua sponte would be inappropriate.Read the opinion here. [read post]
26 Feb 2008, 6:03 am
District court did not err in sua sponte grant summary judgment on an unlawful claim not explicitly raised when all the facts shown justified it under Randolph. [read post]
26 Feb 2008, 2:52 am
Jurisdictional rules generally have a clearly defined set of traits: they are not subject to equitable exceptions, consent, waiver, or forfeiture; they can be raised at any time; and they can be raised by any party or the court sua sponte. [read post]
23 Feb 2008, 11:20 am
In this case, before either the appellant or the appellee had the opportunity to seek en banc review, the court undertook a rather unusual procedure and ordered en banc rehearing sua sponte. [read post]
21 Feb 2008, 11:53 pm
Jurisdictional rules generally have a clearly defined set of traits: they are not subject to equitable exceptions, consent, waiver, or forfeiture; they can be raised at any time; and they can be raised by any party or the court sua sponte. [read post]
21 Feb 2008, 2:27 pm
Here is a opening paragraph from the majority opinion:The question before us is whether a district court, before sua sponte imposing a sentence outside the recommended guideline range, must automatically provide advance notice to the parties of its intent to do so and its contemplated reasoning. [read post]
21 Feb 2008, 1:29 pm
" He accuses of the court of undertaking review sua sponte and therefore, "The appeal thus metamorphosed into one more relevant to, and reflective of, a judicially fueled agenda" because both the government and the defendant agree that Rule 32(h) applies to post-Booker variances. [read post]
17 Feb 2008, 9:39 pm
Cir. 2008, 07-1130 order) The following are the issues as stated in the CAFC’s sua sponte order relating to the Board of Patent Appeals and Interferences decision in Ex Parte Bilski (BPAI 2006): The court by its own action grants a hearing en banc. [read post]
15 Feb 2008, 2:55 pm
Cir. 2008 - en Banc) Taking sua sponte action, the Federal Circuit has ordered an en banc rehearing of the In re Bilski case – asking the following five questions: Whether claim 1 of the 08/833,892 patent application claims patent-eligible subject matter under 35 U.S.C. [read post]
15 Feb 2008, 5:03 am
Taking sua sponte action, the Federal Circuit has ordered an en banc rehearing of the In re Biliski case with regard to the following five questions concerning claim 1 of U.S. patent Application No. 08/833,892:1. [read post]
14 Feb 2008, 12:18 pm
The case presents the question whether a court of appeals may sua sponte order an increase in a criminal defendant’s sentence to correct a sentencing error when the Government has not filed an appeal or cross-appeal. [read post]
8 Feb 2008, 1:40 pm
The complaint didn't get very far, as the district court dismissed the complaint sua sponte. [read post]
7 Feb 2008, 12:22 pm
The concludes that the plaintiffs were not prejudiced by a sua sponte grant of summary judgment, because they had some other opportunities to show what they could have submitted, but did not. [read post]
5 Feb 2008, 8:11 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
4 Feb 2008, 11:08 am
Which of the following would be a bad idea:(1) Taking a picture of yourself with a firearm.(2) Leave the picture in an impounded vehicle for the police to find.(3) When the police pick you up, initiate a conversation, sua sponte, in which you say "If this is about the missing serial number, I didn't know it was missing. [read post]
4 Feb 2008, 3:23 am
Dec. 10, 2007) (Shadur, J.).Judge Shadur sua sponte struck certain denials in defendant’s answer. [read post]
3 Feb 2008, 2:51 pm
That pro se motion was denied, but the court sua sponte temporarily removed Glen as guardian. [read post]
31 Jan 2008, 1:10 pm
Cast, 375 B.R. 838, 848 (BAP 8th Cir. 2007) (concluding that lying under oath provides cause for sua sponte removal). [read post]
30 Jan 2008, 11:40 am
United States (on circuits courts' power to enhance criminal sentences sua sponte)No. 06-7517, Irizarry v. [read post]
30 Jan 2008, 9:01 am
United States (on circuits courts’ power to enhance criminal sentences sua sponte) No. 06-7517, Irizarry v. [read post]
