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3 Jan 2008, 5:58 am
As a nullity, it could not extend the time or toll the deadline for the Appellants to file their notice of appeal.It does appear that the district court, sua sponte, requested Appellee's counsel to prepare the order of dismissal. [read post]
3 Jan 2008, 5:58 am
As a nullity, it could not extend the time or toll the deadline for the Appellants to file their notice of appeal.It does appear that the district court, sua sponte, requested Appellee's counsel to prepare the order of dismissal. [read post]
31 Dec 2007, 10:29 am
Cir. 2007), after a finding of infringement and damages of $25 per use of infringing drive trains for hybrid motors, the District Court denied the patent holder’s request for a permanent injunction, and instead sua sponte issued an order permitting Toyota to continue to produce the infringing items subject to payment of a $25 per motor royalty. [read post]
28 Dec 2007, 10:33 am
Does 1-7 is the case where Judge Kelley sua sponte denied the RIAA's application for discovery.RIAA motion to submit "supplemental authority"** Document published online at Internet Law & RegulationCommentary & discussion:[]-->--> -->-->[][][][]-->Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons… [read post]
14 Dec 2007, 4:40 pm
Then, in a published decision, ACCA set aside the findings and sentence, holding that the military judge erred by failing to sua sponte instruct on the affirmative defense of mistake of fact as to consent regarding the lesser-included offense of assault consummated by a battery. [read post]
11 Dec 2007, 12:00 pm
The court examined sua sponte the issues arising under Foreign Sovereign Immunities Act. [read post]
8 Dec 2007, 4:09 am
He essentially argues that the district court lacked the authority to sua sponte dismiss his complaint. [read post]
30 Nov 2007, 1:52 pm
As soon as they received a docket number, they removed each case, thus using Thomson to side-step the prohibition on removing cases in which an in-state defendant has been properly joined and served.Judge Higbee, who oversees the Accutane state court mass tort proceeding was, shall we say, not amused.She has sua sponte entered an order relaxing the TAN rules to permit a plaintiff to serve a defendant as soon as the clerk assigns a docket number; there will be no need to wait for a TAN. [read post]
29 Nov 2007, 10:12 am
We conclude that the sua sponte findings entered by the juvenile court hinder effective appellate review and therefore remand this matter to the juvenile court for the entry of further findings and conclusions thereon. * * * The termination of one's parental rights is of such importance that we must be convinced that the juvenile court has based its judgment on proper considerations. [read post]
26 Nov 2007, 1:21 pm
First, lack of subject matter jurisdiction under 12(b)(1) is non-waivable and can be raised by the court sua sponte, whereas failure to state a claim under 12(b)(6) must be raised by motion. [read post]
18 Nov 2007, 2:32 am
The court sua sponte certified the case for interlocutory appeal. [read post]
16 Nov 2007, 9:49 am
Posner and Adrian Vermeule, The Credible Executive, 74 U Chi L Rev 865 (2007) Richard Rorty, Dewey and Posner on Pragmatism and Moral Progress, 74 U Chi L Rev 915 (2007) Brian Leiter, Science and Morality: Pragmatic Reflections on Rorty's "Pragmatism", 74 U Chi L Rev 929 (2007) Martha Nussbaum, On Moral Progress: A Response to Richard Rorty, 74 U Chi L Rev 939 (2007) Comments Ilya Beylin, Booker's Unnoticed Victim: The Importance of Providing Notice Prior to… [read post]
13 Nov 2007, 6:41 am
An amicus brief, however, raised the timeliness issue, and the Court of Appeals sua sponte addressed it on review, concluding that John R. [read post]
12 Nov 2007, 9:15 am
May 31, 2007) (per curiam), was a merits submission in which the Air Force Court sua sponte identified a problem with one of the findings. [read post]
8 Nov 2007, 1:41 pm
" Five months after the CA took that action, NMCCA sua sponte sent the case back for a new action to resolve the ambiguity concerning whether the CA meant to approve the BCD. [read post]
7 Nov 2007, 1:26 pm
Keselica appeals from the district court's sua sponte dismissal, pursuant to 28 U.S.C. [read post]
5 Nov 2007, 1:49 pm
Todos los aspectos ÃÂntimos de su vida serán evaluados, comentados, documentados, cuestionados y objetados por la otra parte, por sua aboado, por el Departamento de la Familia y por el juez. [read post]
2 Nov 2007, 8:14 pm
Moreover, the high court ruled that it was error for the trial court, sua sponte, to convert a motion to dismiss under Rule 12(b)(6) into a Rule 56 motion for summary judgment without affording the parties adequate notice or a reasonable opportunity to respond as required by Rule 56.In addition, the court determined that it was reversible error to choose between two differing interpretations of ambiguous documents, in a motion to dismiss under Rule… [read post]
27 Oct 2007, 10:48 am
NASCAR (the Jeff Burton car case).The Court goes on to say:"In fact, we are obliged to consider standing sua sponte even if the parties have not raised the issue because an appellate court "must satisfy itself not only of its own jurisdiction, but also of that of the lower courts in a cause under review. [read post]
27 Oct 2007, 4:47 am
Does 1-7, the RIAA's ex parte case against students at College of William & Mary in Virginia, where the Judge had sua sponte rejected the RIAA's ex parte discovery application, the RIAA has filed a brief opposing the amicus curiae brief submitted by North Carolina State University students.Meanwhile, the court records suggest that neither the College of William & Mary nor the defendants are even aware of the proceedings, never having been served by the RIAA. [read post]
