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26 Oct 2007, 2:22 pm
This panel was actually dedicated to all asp[ects of patent practice, and included presentations of recent patent cases, patent legislation, Judge Ward's recent "sua sponte" orders, win rates at trial, and recent summary judgment rulings for defendants. [read post]
25 Oct 2007, 5:30 pm
It's 5:30 p.m. and I'm preparing to live-blog Class Actions in Alameda County: Advanced Seminar, which is taking place tonight in Oakland. [read post]
25 Oct 2007, 12:38 pm
The en banc Court sua sponte hereby STAYS the execution of the Plaintiff-Appellant pending further en banc consideration of this case.I think this means that Alabama cannot yet go forward with the defendant's execution, but I think it also means that a fuller ruling will be coming soon from the full Eleventh Circuit. [read post]
23 Oct 2007, 7:50 am
John WardHolding: Claims construction opinion In a coincidence that is almost spooky, shortly after getting the Westlaw cite to this case this morning, Judge Ward issued an order (docket # 351 in the case) sua sponte amending the claims construction. [read post]
23 Oct 2007, 4:15 am
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]
21 Oct 2007, 1:39 pm
Although personal jurisdiction may be raised sua sponte by the appellate court, the court will not conduct de novo fact finding regarding jurisdiction. [read post]
18 Oct 2007, 10:59 pm
The district court sua sponte imposed an ongoing royalty on Toyota. [read post]
17 Oct 2007, 9:13 am
Here is a case that teaches California criminal defense lawyers to always try to negotiate reduction of a felony to a misdemeaor after a length of successful probation, or just go and ask the court at the end of probation. [read post]
11 Oct 2007, 3:10 pm
But the Federal Circuit raised and decided the issue sua sponte, dismissing the case because the statute of limitations goes to jurisdiction, and cannot be waived. [read post]
11 Oct 2007, 3:10 pm
But the Federal Circuit raised and decided the issue sua sponte, dismissing the case because the statute of limitations goes to jurisdiction, and cannot be waived. [read post]
10 Oct 2007, 8:35 am
Here, the court issued its summary judgment decision on sua sponte grounds (i.e., using grounds that had not been particularly raised in the SJ motion). [read post]
10 Oct 2007, 5:21 am
After the arbitrators ruled that the class action claims were “not eligible for arbitration,” the trial court sua sponte reconsidered its ruling on the defense motion and ruled that the class action would proceed in state court. [read post]
10 Oct 2007, 4:07 am
*Judge Shadur sua sponte ordered plaintiff Dicam to dismiss all parties but defendant United States Cellular (“U.S. [read post]
4 Oct 2007, 5:14 pm
It is one of the most irrational things I have ever seen in my life in the law.If the Judge doesn't set aside the verdict sua sponte, I expect there to be motion practice to set aside the verdict, based on its obvious unconstitutionality and numerous other reasons, and if that fails I expect there to be a successful appeal. [read post]
3 Oct 2007, 4:15 am
John explains that one of the jurors becamse ill with heart problems on the fourth or fifth day of trial; that Judge Bournias, sua sponte, excused the juror; and that he then gave the attorneys a lengthy explanation of the events which led to the dismissal of the juror. [read post]
23 Sep 2007, 2:01 am
Super. 2007), read opinion here, the Delaware Superior Court granted a Motion to Disqualify filed by one party, based on Rule of Professional Conduct 3.7 which prohibits attorneys advocating in a trial to also serve as witnesses, but then, sua sponte, (which for the non-Latin lovers among my readers, means "on its own"), the Court also disqualified the opposing attorney who filed the motion. [read post]
16 Sep 2007, 8:40 am
September 13, 2007): "Defendant proffers no new evidence, new law or other extraordinary reasons why this Court should not follow the law of the case, except with regard to those matters that have been 'reopened' by the decision of the Court of Appeals and this Court's sua sponte scheduling order. [read post]
14 Sep 2007, 4:29 am
Although judicial notice may be taken sua sponte, Fed. [read post]
10 Sep 2007, 8:32 am
The petition raises the question whether a court of appeals may order an increase in a criminal defendant's sentence sua sponte, absent an appeal or cross-appeal by the Government. [read post]
9 Sep 2007, 2:44 am
The Director is also given the power to sua sponte institute a cancellation proceeding. [read post]