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6 Feb 2017, 6:42 am by Joy Waltemath
The district court also erred in sua sponte disqualifying attorneys for both parties under the advocate-witness rule, so that portion of its order was also vacated, but the employee’s appeal was dismissed insofar as it pertained to claims under the NYSHRL (Sheng v. [read post]
Whether the home-state exception is raised by the plaintiff or by the court sua sponte, this remand order illustrates that a defendant who wishes to stay in federal court must produce relevant evidence to defeat the application of CAFA’s mandatory abstention rules. [read post]
5 Feb 2017, 2:10 pm by Patrick E. Knie
Nevertheless, the commission had sua sponte raised as an issue the competency of the worker (who apparently suffered some cognitive issues due to a previous brain injury) and ex mero motu ordered the worker to have his physical injuries evaluated by a physician of his employer’s choosing. [read post]
5 Feb 2017, 2:10 pm by Patrick E. Knie
Nevertheless, the commission had sua sponte raised as an issue the competency of the worker (who apparently suffered some cognitive issues due to a previous brain injury) and ex mero motu ordered the worker to have his physical injuries evaluated by a physician of his employer’s choosing. [read post]
2 Feb 2017, 10:32 am by Wystan Ackerman
The opinion noted that subclasses might have been used to avoid some of the problems, but that district courts have no obligation to propose subclasses sua sponte. [read post]
2 Feb 2017, 10:26 am by Quinta Jurecic
We request this investigation under your sua sponte authority to challenge merit system violations. [read post]
1 Feb 2017, 6:26 am by Matthew L.M. Fletcher
Taylor expressed no dissatisfaction with the ameliorative course adopted by the district court, we are able to review the district court’s failure to issue either a mistrial or further corrective instruction sua sponte only for the presence of plain error. [read post]
30 Jan 2017, 4:18 am by R. David Donoghue
Judge Shadur sua sponte struck defendant Yogeemall’s answer and affirmative defenses with leave to refile for the following deficiencies: Yogeemall’s denials based upon lack of information and belief were “oxymoronic. [read post]
26 Jan 2017, 11:23 am by José Guillermo
-  La  Repubblica  riconosce  e  garantisce  i           diritti inviolabili dell'uomo, sia come singolo  sia  nelle           formazioni sociali ove si svolge  la  sua  personalita',  e          richiede   l'adempimento   dei  … [read post]
16 Jan 2017, 8:42 pm by Patent Docs
Noonan -- A great deal of angst has been generated by the Patent Trial and Appeal Board's decision, in Ex parte Itagaki and Nishihara, regarding the panel's application of Section 101 (sua sponte as a new ground of rejection under 37 C.F.R. [read post]
11 Jan 2017, 9:01 am by Tejinder Singh
Lombardi, the en banc court held that the district court erred by dismissing the inmate’s Section 1983 method-of-execution claim sua sponte and without holding a hearing. [read post]
11 Jan 2017, 3:18 am by Dennis Crouch
 As a Constitional limit on judicial power, standing must always exist during a lawsuit and may be raised sua sponte by a trial or appellate court. [read post]
3 Jan 2017, 6:22 am
Diogo Andreola Serraglio & Heline Sivini Ferreira, A análise do mecanismo redd+ com vistas à mitigação dos efeitos das mudanças climáticas e à proteção da diversidade biológica florestal Cristiane Derani & Arthur Rodrigues Dalmarco, Ecolabelling, eficiência energética e a disciplina dos PPM’s na OMC: ecolabels de eficiência energética e sua consistência com as… [read post]
1 Jan 2017, 2:37 pm
(Pix CiberCuba Jan 1, 2017)For the last five years I have written of the annual letter of the Cuban Council of the High Priests of Ifá (Consejo Cubano De Sacerdotes Mayores De Ifá), the practitioners of traditional religion brought over from West Africa with the slave trade and now naturalized as a powerful indigenous religion throughout the Caribbean and growing in the United States. [read post]
  As we close out the year, we pause to review important developments in agricultural law from 2016. [read post]
  As we close out the year, we pause to review important developments in agricultural law from 2016. [read post]
30 Dec 2016, 8:53 am by Matthew L.M. Fletcher
The syllabus: Defendant failed to avail himself of the right to inspect jury selection records, and the district court did not err in failing to order sua sponte that those records be made available to him; claim that the jury did not represent a fair cross section of the community and that the jury selection process used by the district court improperly excluded Native Americans from the venire is rejected; this court has previously upheld North Dakota's jury… [read post]