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8 Sep 2007, 9:12 am
September 6, 2007): As discussed above, the Eleventh Circuit in its remand Order sua sponte raised the issue of whether the rule in Heck bars any or all of Plaintiff's claims. [read post]
7 Sep 2007, 7:36 am
§ 455 to recuse himself sua sponte in response to threats made against him, his family members or associates? [read post]
4 Sep 2007, 1:23 pm
Carcieri, No. 07-1195 (unpublished) affirms the sua sponte dismissal of a civil rights complaint pursuant to 28 U.S.C. [read post]
4 Sep 2007, 12:40 pm
Court of Appeals for the Ninth Circuit rejects that argument, holding that "the district judge reasonably construed [the defendant's] threatening phone message as an attempt to manipulate the court system which did not warrant his sua sponte recusal. [read post]
25 Aug 2007, 2:47 pm
It then apparently sua sponte hopped onto the internet, and found the French Civil Code at [www.legifrance.gouv.fr]. [read post]
16 Aug 2007, 7:44 am
Booker, 543 U.S. 220 (2005), and our jurisprudence since then has made it necessary for district courts to give notice before sua sponte imposing a sentence outside the range recommended by the applicable United States Sentencing Guidelines ("U.S.S.G. [read post]
10 Aug 2007, 1:40 pm
[*sua sponte = the court of its own initiative] The passage above reflects that Justices Acoba and Duffy were particularly disturbed that the majority opinion by Chief Justice Moon and Justices Levinson and Nakayama based its conclusion on arguments not raised by the parties, and which were never tested by the adversarial process:The majority's formulation of a controversy does not comport with any rule, statute or legal doctrine. [read post]
10 Aug 2007, 11:25 am
US v. [read post]
8 Aug 2007, 10:42 pm
The question is important, for jurisdictional limitations are not subject to waiver or equitable exceptions, may be raised at any time, and obligate courts to monitor and raise them sua sponte. [read post]
8 Aug 2007, 9:46 am
Sanchez-Ramos, No. 06-2398 (8/7/07) partially reverses sua sponte dismissal of a § 1983 action in which the cops shot and killed a guy. [read post]
8 Aug 2007, 1:18 am
In sua sponte deleting Defendant-Appellee Kauai County Council (County Council) as a defendant in this case and adding it back as the putative plaintiff in order to create a supposed controversy between the County Council and Defendant-Appellee Mayor of Kauai (Mayor) and Defendant-Appellee Finance Director of Kauai (Finance Director), the majority does exactly that, manipulating the lawsuit so as to create a controversy that did not in fact exist when the suit was filed, when it was… [read post]
7 Aug 2007, 12:02 pm
We raise sua sponte the following dispositive issue: whether the order for genetic testing is void due to a failure to join necessary parties. * * * On appeal, Schenkel argues for the first time in this proceeding that the paternity action is untimely pursuant to Indiana Code Section 31-14-5-5 * * * We need not specifically address these assertions, however, because a cursory review of the record reveals that several necessary parties have not been joined in this paternity action. [read post]
3 Aug 2007, 9:45 am
Jurisdiction: On appeal, the CAFC sua sponte questioned jurisdiction. [read post]
29 Jul 2007, 7:53 pm
Here are some recent pieces appearing on SSRN that sentencing fans may want to check out: Booker's Unnoticed Victim: The Importance of Providing Notice Prior to Sua Sponte Non-Guidelines Sentences by Ilya Beylin But Did They Listen? [read post]
18 Jul 2007, 3:24 am
Courts are "obliged to examine standing sua sponte where standing has erroneously been assumed below. [read post]
16 Jul 2007, 8:23 pm
Section 101 was not raised by the Examiner, Board, or PTO Solicitor, but was raised sua sponte by the CAFC. [read post]
10 Jul 2007, 5:03 pm
In granting Dunkin Donuts' motion for summary judgment, the trial court sua sponte construed Elkhatib's claim to be one of religious discrimination rather than racial discrimination, based on the court's determination that the restrictions on handling pork are associated with religion, not race:Elkhatib alleges discrimination based on race. [read post]
9 Jul 2007, 11:44 pm
" "Spell check did not have sua sponte in it," said the lawyer, who, not noticing the error, shipped the brief to court. [read post]
6 Jul 2007, 5:29 am
The book is complicated by a triple agenda; it is at once a critique, a program, and an apologia pro vita suaâ€â [read post]
4 Jul 2007, 6:25 am
The district court sua sponte held that the federal Securities Litigation Uniform Standards Act (SLUSA) preempted plaintiff’s claims and dismissed the class action complaint with leave to amend. [read post]
