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2 Aug 2023, 9:32 am
Deadline solved, even if the appeal itself drags on for years and years and years.Oh, and on occasion, when there's been an oral argument and the 90 day clock is about to expire, state court judges sometimes do what happened here: They simply "reset" the clock by vacating submission and resubmitting the case sua sponte. [read post]
1 Aug 2023, 7:50 am
Court of Appeals for the Ninth Circuit recently held that it could sua sponte question a defendant’s assertions of jurisdiction under the federal Class Action Fairness Act, and that the record did not sufficiently demonstrate that CAFA’s amount-in-controversy requirement was met here because the requisite $5 million amount was not evident from the face of the complaint nor the defendant’s notice of removal and supporting declaration. [read post]
29 Jul 2023, 11:56 pm
And finally…I Included in the round-up of July consistory court judgments posted on 29 July 2029 was the Arches Court decision Re St Leonard Hythe [2023] EACC 1 refusing leave to appeal against the decision in Re St Leonard Hythe [2023] ECC Can 2 – in which the Commissary General identified the key relevant points from Mr Cooper’s 40-page “Apologia Pro Vita Sua” document, adding [13], “[m]uch of that document was not (and did not… [read post]
27 Jul 2023, 6:54 am
” According to the ARP webpage, the Director may “at her or his sole discretion” sua sponte convene an ARP to review PTAB decisions in ex parte appeals, re-examination appeals, and reissue appeals. [read post]
25 Jul 2023, 10:13 am
The ARP may be convened by the Director sua sponte to review the PTAB decisions in ex parte appeals, re-examination appeals, and reissue appeals. [read post]
24 Jul 2023, 9:05 pm
While technically and expansion of DR, this follows current practices in which the Director has addressed institution disputes sua sponte. [read post]
24 Jul 2023, 9:05 pm
While technically and expansion of DR, this follows current practices in which the Director has addressed institution disputes sua sponte. [read post]
23 Jul 2023, 7:55 am
A party cannot be granted relief in the absence of corresponding pleadings; if a justiciable issue is not presented to the court through proper pleadings, the court cannot sua sponte adjudicate an issue. [read post]
20 Jul 2023, 7:59 am
Heptinstall, 309 N.C. 231 (1983), only requires a trial court to order a hearing sua sponte if substantial evidence before the court indicates the defendant is incompetent. [read post]
18 Jul 2023, 10:31 am
This update includes a summary of recent positive developments regarding the applicability of the post-departure bar in the context of sua sponte reopening. [read post]
17 Jul 2023, 6:24 pm
On appeal, the Ninth Circuit questioned sua sponte whether the $5 million threshold for the amount in controversy was satisfied. [read post]
9 Jul 2023, 4:05 am
” It was Sir Edward Coke in The Institutes of the Laws of England, 1628 who declared “For a man’s house is his castle, et domus sua cuique est tutissimum refugium [and each man’s home is his safest refuge]. [read post]
8 Jul 2023, 8:32 am
Standing is a jurisdictional requirement; it cannot be waived or abandoned by the parties themselves, and federal courts may—must, in fact—raise the matter sua sponte if they believe that there is no case or controversy presented. [read post]
3 Jul 2023, 2:03 pm
» As regras e os princípios que integram o Direito Internacional Público desempenham, com efeito, um papel do maior relevo tanto na modelação como na aplicação dos do Direito Internacional Privado, em qualquer das suas vertentes – conflitos de leis, competência internacional, reconhecimento de sentenças e cooperação judiciária internacional –; do mesmo passo que os do Direito Internacional… [read post]
26 Jun 2023, 4:12 am
The court dismissed the case sua sponte, noting that parties have no power to waive a court’s lack of subject matter jurisdiction. [read post]
24 Jun 2023, 4:22 pm
[United States v. [read post]
22 Jun 2023, 8:00 am
Trial court was not required to conduct a sua sponte inquiry into defendant’s competency after he overdosed during jury deliberations, as no substantial evidence called defendant’s competency into question before his overdose. [read post]
6 Jun 2023, 3:36 am
Adidas asks the Supreme Court whether it is proper for the Patent Trial & Appeal Board (PTAB) to raise sua sponte new grounds of unpatentability against a substitute claim added during an inter partes review proceeding. [read post]
5 Jun 2023, 11:00 pm
” Given that his case was now “moot,” his appeal was dismissed.To the extent Anthony was protesting the policy as a whole, rather than its application just to him, since he didn’t bring the correct kind of case, they declined to entertain that aspect of his claim and refused to “sua sponte convert this matter in the interest of justice. [read post]
5 Jun 2023, 12:01 pm
In an unpub'd decision today, 1/3 imposes sanctions for a frivolous appeal here.On our own motion, we impose sanctions of $8,500 against Tina and her counsel ... for filing a frivolous appeal. [read post]
