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7 Jan 2015, 6:21 am
” Furthermore, the requirement that district courts rule sua sponte on the sufficiency of complaints was of particular concern, because (1) the likelihood of a district court finding a complaint sufficient was low and (2) it would create a disincentive for defaulting defendants. [read post]
5 Jan 2015, 8:47 am
Later in the case, the district court granted summary judgment sua sponte in favor of Bloomberg exclusively on fair use grounds. [read post]
5 Jan 2015, 6:01 am
The Ninth District Court of Appeals reversed, deciding sua sponte that Wells Fargo had failed to demonstrate standing under Schwartzwald because it had not attached “documents evidencing a merger or name change” to the complaint. [read post]
28 Dec 2014, 3:00 am
The District Court issued a sua sponte order to show cause, directing the plaintiff to explain why his action should not be dismissed for subject matter jurisdiction. [read post]
27 Dec 2014, 8:33 pm
Enquanto sujeito não-humanos, eles são titualres de direitos que impõem suas proteções. [read post]
21 Dec 2014, 11:45 am
According to the Court of Appeals, in many cases where the court denies the motion to vacate, judges frequently neglect to rule on the motion to confirm the award (or in absence of a motion, fails to sua sponte confirm the award). [read post]
18 Dec 2014, 8:46 am
O “homem mais procurado do mundo” passa a ser um acusado de pornografia infantil 365 Opus Dei: O exército do papa 364 Polêmica: A internação compulsória para viciados em drogas 363 Precisamos efetivar a democracia no Brasil 328 Reconhecimento de paternidade fica mais fácil com novas regras do CNJ 316 Ellen Gracie, do STF à advocacia: Recebe a sua carteira da OAB 301 As cinco melhores seguradoras de carros, segundo os clientes… [read post]
18 Dec 2014, 8:46 am
O “homem mais procurado do mundo” passa a ser um acusado de pornografia infantil 365 Opus Dei: O exército do papa 364 Polêmica: A internação compulsória para viciados em drogas 363 Precisamos efetivar a democracia no Brasil 328 Reconhecimento de paternidade fica mais fácil com novas regras do CNJ 316 Ellen Gracie, do STF à advocacia: Recebe a sua carteira da OAB 301 As cinco melhores seguradoras de carros, segundo os clientes… [read post]
17 Dec 2014, 3:42 am
Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows: The Court struck denials based upon lack of information and belief. [read post]
16 Dec 2014, 7:13 am
The court sua sponte sanctioned defendant $10,000 for its unsuccessful early motion for Rule 11 sanctions. [read post]
15 Dec 2014, 8:24 am
The court raised the issue of jurisdiction sua sponte in Bradley as well, demonstrating a proactive approach. [read post]
15 Dec 2014, 3:27 am
This case is a reminder that it is rarely appropriate for a court to sua sponte convert a motion to dismiss into a motion for summary judgment. [read post]
10 Dec 2014, 6:07 am
The Fifth Circuit first said it generally “has jurisdiction over appeals from final orders, and may raise the issue of jurisdiction sua sponte. [read post]
9 Dec 2014, 1:10 pm
The US Court of Appeals for the Second Circuit determined [opinion, PDF] "sua sponte that it lack[ed] jurisdiction over these appeals because a final order ha[d] not been... [read post]
5 Dec 2014, 7:28 am
But the Second Circuit sua sponte dismissed the appeal for lack of jurisdiction, concluding that there was no final decision from the district court, since the order did not dispose of all the claims in the entire consolidated MDL proceeding. [read post]
4 Dec 2014, 8:45 am
This sort of “sua sponte” call for rehearing en banc, even without a petition, is a pretty well-settled procedure, though not one that’s often used. [read post]
2 Dec 2014, 8:17 am
” While the FAA is expected to release a set of proposed rules specifically for small UAS (sUAS) by the end of December 2014, those rules will be subject to a lengthy comment period before they can become law. [read post]
29 Nov 2014, 11:10 am
” Despite this undisputed waiver, the Court nonetheless exercised its discretion in Brooks to “overlook the government’s waiver,” save the government’s bacon, and sua sponte find this constitutional error harmless. [read post]
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]
20 Nov 2014, 7:44 am
Appointments can be made for the following situations: "(A) The Court may order parenting coordination, sua sponte or upon written or oral motion by one or both parties, when one or more of the following factors are present: (1) The parties have ongoing disagreements about the implementation of a parental rights and responsibilities or companionship time order and need assistance; (2) There is a history of extreme or ongoing parental conflict that has been unresolved by… [read post]
