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20 Nov 2014, 1:00 pm
Since a member of the Ninth Circuit sua sponte expressed interest in calling for en banc review.But the parties weren't interested. [read post]
22 Feb 2013, 5:38 am
The sole issue in this certified appeal is whether the Appellate Court properly concluded that the trial court's failure to give a Ledbetter instruction, sua sponte, did not present the type of extraordinary circumstance that warrants reversal under the plain error doctrine. [read post]
20 May 2020, 7:08 am
,The Plaintiff's Declaratory Judgment Complaint sought a declaration that the carrier was required to provide insurance coverage for business interruption losses brought on by the mandated government closures due to the Covid-19 pandemic.Notably, the Court issued the Order to remand the case sua sponte even before the Plaintiff filed any Motion to Remand after the carrier had filed its Notice of Removal.The court went through the standard of review under 28 U.S.C. [read post]
24 Jan 2013, 5:39 am
The defendant contends that: (1) the trial court abused its discretion when it admitted the evidence because, if the court had properly considered the evidence as uncharged misconduct, it would have concluded that its prejudicial impact outweighed its probative value; (2) the trial court failed to give the jury a limiting instruction, sua sponte, that the evidence could not be used as evidence of bad character; and (3) the prosecutor engaged in prosecutorial impropriety by misleading… [read post]
13 Jun 2024, 5:00 am
The court also reaffirmed the rule that matters not raised in Preliminary Objections may not be considered by the trial court sua sponte. [read post]
24 Nov 2015, 9:56 am
” The report goes on to say that “As such, the majority of the Task Force believes the FAA cannot require registration of sUAS at the point-of-sale. [read post]
22 Feb 2018, 10:07 am
Here's the abstract: Il diritto all'acqua, oltre a rappresentare per sua natura il prerequisito essenziale per la realizzazione di altri diritti, offre una lente formidabile attraverso cui osservare la dinamica delle fonti del diritto internazionale. [read post]
11 Sep 2013, 6:29 am
Upon learning of an ongoing custody proceeding, the Court raised the issue of abstention sua sponte, In October 2012, Plaintiff and Defendant Dinara Bekmukhamedova traveled with their son, VPZB, from Luxembourg to the United States. [read post]
1 Dec 2016, 7:00 am
The court sua sponte vacated the prior district judge's summary judgment order invalidating defendant's advertising campaign analysis patents for lack of patentable subject matter because the asserted claims were not directed toward an abstract idea. [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]
10 Feb 2014, 8:26 am
("The plaintiff contends that (1) the Appellate Court exceeded its authority by affirming the trial court’s judgment on the basis of an issue that the defendants had neither raised in the trial court nor presented as an alternative ground for affirmance on appeal, namely, whether the plaintiff’s claim that the defendants had prevented the plaintiff from complying with a contract condition failed as a matter of law because the allegedly hindering conduct occurred before the contract… [read post]
23 Jun 2014, 9:40 am
The court sua sponte imposed a "a limited prosecution bar regarding all reexaminations, inter partes reviews, and any other post-grant review proceedings" to address the "growing proliferation of parallel proceedings between federal trial courts and the Patent and Trademark Office . . . [read post]
12 Oct 2023, 9:34 am
The SEC urged the court to reject petitioners’ suggestion to stay the rule sua sponte, saying the Chamber did not identify a reason to relieve them of their burden to file a stay motion.No vacation on APA grounds. [read post]
23 Mar 2014, 2:09 pm
In the latter case, on 10/29/2013 the judge sua sponte ordered to show cause why the Court may reasonably rely upon the Malibu’s usage of geolocation to establish the identity of the defendant (and also establish that the defendant may be found within this district). [read post]
1 May 2020, 12:04 pm
But not only does the Court of Appeal disagree (and leave the $300), but it also -- apparently sua sponte -- increases the amount of the restitution order from $4,049.19 to $9,019.19. [read post]
5 Oct 2023, 1:55 am
“Unfortunately, sanctions are the only way to impress upon defendants’ attorneys the consequences of engaging in repetitive, frivolous motions practice after this Court, affirmed by the Appellate Division, expressly warned them against doing so,” Justice Engoron wrote, adding that “It is of no consequence whether the arguments were made at the direction of the clients or sua sponte by the attorneys; counsel are ethically obligated to withdraw any baseless and… [read post]
17 Jun 2021, 4:00 am
The court also, sua sponte, "referred [Local Law No. 2] back to the Rochester City Council "to be reconciled and made compliant with New York State law and the Rochester City Charter. [read post]
13 Aug 2014, 4:15 am
In Detroit yesterday, federal district Judge Paul Borman recused himself, sua sponte, in the criminal trial of a Palestinian woman chargged with failing to disclose to immigration officials the fact that she spent ten years in an Israeli prison for participating in two terrorist plots, one of which involved the bombing of a supermarket. [read post]
9 Mar 2015, 7:09 am
Ct. 1749 (2014), the court sua sponte reconsidered an earlier order denying defendant's motion for attorney fees under 35 U.S.C. [read post]
16 Jan 2014, 8:51 am
The respondent claims that, in light of the fact that the children have obvious and complex psychological issues, the court committed reversible error by failing, sua sponte, to order a psychological evaluation of the children for purposes of determining whether termination of the respondent's parental rights was in their respective best interests. [read post]
