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8 Feb 2023, 3:13 am
The courts cannot sua sponte apply the unclean hands doctrine, however, as explained in a recent Florida child support case in which the father sought a modification. [read post]
6 Feb 2023, 6:42 pm
Sua sponte, the court ordered briefing on whether "any other provision of the Constitution could confer a right to abortion as an original matter, which may or may not be addressed in Dobbs, such that Dobbs may or may not be the final pronouncement on the issue, leaving an open question. [read post]
1 Feb 2023, 1:26 pm
For the reasons above, the court denied the insurer’s motion for summary judgment and, instead, granted summary judgment sua sponte for the insured. [read post]
31 Jan 2023, 8:22 am
Subject matter jurisdiction may not be waived, and “courts may raise the issue sua sponte. [read post]
30 Jan 2023, 4:50 am
The basic issue is whether the IPR statute permits the Board to raise patentability issues sua sponte with regard to substitute claims. [read post]
20 Jan 2023, 7:40 am
” In a sua sponte review of the record, Dir. [read post]
19 Jan 2023, 10:52 am
The day before trial, however, the court sua sponte reversed course and required all witnesses to wear masks, asserting that they were necessary because of a then-spreading variant of the COVID-19 virus. [read post]
17 Jan 2023, 9:00 pm
I previously wrote about the hurdles facing prosecutors should former President Donald Trump be indicted for unlawfully concealing or removing documents related to national security. [read post]
14 Jan 2023, 4:22 am
Specifically, the Court noted that there is an issue as to whether Section 271 permits a court to order sua sponte sanctions. [read post]
9 Jan 2023, 7:16 am
Specifically, the trial court entered a sua sponte order rejecting Mr. [read post]
5 Jan 2023, 6:17 pm
Setting aside the unique issues raised by the timing of the clause's adoption, the relevant part of the Texas court decision held that "the Forum Selection Bylaw is valid and enforceable and sua sponte TRANSFERS this case to the United States District Court in the District of Delaware. [read post]
4 Jan 2023, 1:12 pm
In some cases the more chatty witnesses may even offer up the answer you were looking for, sua sponte, without being directly asked. [read post]
1 Jan 2023, 12:01 pm
Contents include:StudiAndrea Saccucci, Le conseguenze dell’espulsione della Russia dal Consiglio d’Europa sui trattati stipulati nell’ambito dell’organizzazione La risoluzione dell’Institut de Droit International su Human Rights and Private International Law Pasquale Pirrone, La risoluzione dell’Institut de Droit International su Human Rights and Private International Law: considerazioni generali Roberto Baratta, Art. 1 e 2 della risoluzione dell’Institut… [read post]
31 Dec 2022, 4:29 am
The Court then explained: “After a member of this Court withheld the mandate, the panel majority sua sponte withdrew its initial opinion and issued a revised opinion, again affirming the district court over a revised dissent but on grounds that were neither substantively discussed in the initial panel opinion nor substantively made by any party before the district court or this Court.2 Adams ex rel. [read post]
28 Dec 2022, 6:20 am
Rather than relying on Johnson’s standing allegations the Court required, sua sponte, that Johnson and his counsel submit declarations to substantiate his standing allegations. [read post]
24 Dec 2022, 8:10 am
December 14, 2022Pendente lite child support award will not be disturbed absent exigent circumstances or failure to consider appropriate factors. [read post]
21 Dec 2022, 11:07 am
The district court determined, based upon the government's submission and affidavit in support of its motion to seal (collectively, the "Sealed Submissions"), that it would "not take further steps sua sponte to investigate the allegations that were the subject of the planned evidentiary hearing …. [read post]
16 Dec 2022, 5:11 am
The trial court judge sua sponte granted summary judgment to the defendants. [read post]
12 Dec 2022, 5:53 pm
I’ve been busy in the last few months putting what I learn from reading new decisions about the ADA and FHA to use for my clients; hence this delayed blog. [read post]
12 Dec 2022, 3:54 am
Nervo, J.) entered July 12, 2021, which, to the extent appealed from, granted the court’s sua sponte motion to dismiss defendant’s counterclaims, unanimously modified, on the law, to reinstate the remaining counterclaims other than legal malpractice, and otherwise affirmed, without costs. [read post]
