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26 Jan 2007, 2:20 pm
The Federal Circuit has decided sua sponte to an en banc hearing addressing the following questions: Should a party's assertion of the advice of counsel defense to willful infringement extend waiver of the attorney-client privilege to communications with that party's trial counsel? [read post]
26 Jan 2007, 7:47 am
Registrars reserve powerful rights to de-register domain names belonging to registrants who have violated the terms of service agreement. [read post]
25 Jan 2007, 3:04 am
Without deciding the plaintiff's motion, Supreme Court, sua sponte, removed the action to the Civil Court pursuant to CPLR 325(d). [read post]
24 Jan 2007, 1:02 am
Raising the issue sua sponte, the Illinois Court of Appeals held that "The reservation of issues here deprives us of jurisdiction over this appeal. [read post]
23 Jan 2007, 4:02 pm
Indeed the Netherlands court questioned the investigation's legality.).We are aware of a single instance in which a Magistrate Judge sua sponte rejected the application because there was no basis for its ex parte character. [read post]
21 Jan 2007, 10:48 pm
Patent No. 5,318,080, "Transmission fluid changer"), doctrine of claim preclusion preventing a second suit (separate argument from the doctrine of full compensation), elements of the doctrine of claim preclusion, issue of privity regarding infringing user of device and customer of infringing user of device, court raising claim preclusion issue sua sponte benefiting defaulting defendantsOrtho-McNeil Pharmaceutical, Inc. v. [read post]
21 Jan 2007, 3:40 pm
Dec. 27, 2005) (after questioning sua sponte whether a dog's entry into a vehicle tainted the validity of a dog sniff, the court concluded that a dog's sniff of vehicle's interior was lawful because the evidence established that the driver's side window was down when the sniff commenced and, apparently, because the court found dog's entry into the vehicle was prompted by the odor of the narcotics that were contained therein rather than the actions of its handler);… [read post]
17 Jan 2007, 5:14 am
Defense attorneys removed the action to federal court under the Class Action Fairness Act (CAFA), and the district court sua sponte issued an order to show cause why the case should not be remanded to state court. [read post]
16 Jan 2007, 8:14 am
Baker of the Middle District of Florida recently recommended sua sponte that the court sever the claims of more than 6,500 Seroquel plaintiffs and require those claims to be filed separately. [read post]
12 Jan 2007, 11:17 am
The Patent Act of 2005, drafted by Congressman Lamar Smith (R-TX) the precursor the Patent Act of 2006 drafted by Mr. [read post]
11 Jan 2007, 9:44 pm
This piece, available here, is entitled "Enabling Self-Scrutiny to Balance Post-Booker Discretion: Resolving the Circuit Split in Favor of Notice Prior to Sua Sponte Imposition of a Non-Guidelines Sentence. [read post]
5 Jan 2007, 12:45 pm
Fajardo, No. 05-2813 affirms a grant of sua sponte summary judgment to the defendants where the plaintiffs claimed under the anti-retaliation provisions of the Rehabilitation Act, 29 U.S.C. [read post]
31 Dec 2006, 5:09 pm
Anati applied the principles of Rule 32 of the Federal Rules of Criminal Procedure in finding that sentencing courts are required to provide defendants with notice of an intent to use the discretionary authority provided by Booker to impose, sua sponte, a "non-Guidelines sentence adverse to the defendant" because of the "significant similarity between an intent to depart and an intent to impose a non-Guidelines sentence. [read post]
25 Dec 2006, 5:05 am
Tyler cites Neitzke, and then refuses to adhere to its command, and dismisses the case sua sponte, without any legal authority to do so other than common sense. [read post]
18 Dec 2006, 10:45 am
§ 1915 to dismiss the case sua sponte as frivolous, which this case was in even the most narrow and technical senses of the word, or even just to dismiss the case for failure to state a claim without waiting for briefing. [read post]
12 Dec 2006, 2:59 pm
., Chief Bankruptcy Judge for the Southern District of Georgia, entered a sua sponte ruling that attorneys practicing in his court were not Debt Relief Agencies under the provisions of BAPCPA. [read post]
4 Dec 2006, 5:26 am
Nov 2, 2006):A district court may sua sponte dismiss an action under Rule 41(b) for the plaintiff's deliberate failure to comply with a court order. [read post]
30 Nov 2006, 12:30 pm
The draft proposal for sua sponte submissions [text, PDF] has two separate recommendations for penalties: The [read post]
16 Nov 2006, 7:13 am
Citing the possible appearance of conflict between him and Mahoney, Judge Arcara sua sponte removed Mahoney as Parker's attorney and appointed new CJA counsel over Parker's objection. [read post]
9 Nov 2006, 5:52 am
Jamrog, 984 F.2d 760, 762 (6th Cir.1993) (holding that Rule 60(b) bars sua sponte relief), and Dow v. [read post]
