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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]
11 Dec 2022, 5:18 pm
Acting sua sponte, Judge Connolly then dismissed the Broadcom in a short opinion that might have been based upon issue preclusion (from the prior Motorola decision), but without actually stating as-such and without Broadcom making that claim. [read post]
8 Dec 2022, 2:25 pm
Parties cannot waive the right to argue that a court lacks subject matter jurisdiction over a claim, and any party can raise the argument at any time; further, the court can raise it sua sponte. [read post]
8 Dec 2022, 9:55 am
What we assume to be true, though, is that the car incursion was the result of sudden unintended acceleration (SUA). [read post]
27 Nov 2022, 12:53 pm
In addition, there are cases where final decisions have been rendered but neither the parties nor the court sua sponte raised the issue of equitable jurisdiction. [read post]
18 Nov 2022, 6:16 am
On Oct. 27, the Department of Defense unveiled the unclassified version of the 2022 National Defense Strategy (NDS), Nuclear Posture Review (NPR), and Missile Defense Review (MDR). [read post]
15 Nov 2022, 9:04 am
" Doesn't it seem weird/unfair that costs on appeal should be awarded against a party who, as here, (1) didn't argue in favor of the position taken sua sponte by the district court below (indeed, who didn't even appear), and (2) also didn't argue in favor of that position on appeal? [read post]
14 Nov 2022, 4:56 am
In Bakr, none of the parties had the opportunity to brief these issues, the Court deciding the question of illegality for lack of a vendor’s license sua sponte. [read post]
3 Nov 2022, 8:21 pm
” The Court ruled that while it is not the Township’s obligation to ensure that Plaintiff has permission from a landowner, it is the Township’s obligation to ensure property exists that is suitable for a mobile food stand and “if necessary, by sua sponte rezoning some other zoned property. [read post]
2 Nov 2022, 6:11 am
The district court dismissed the case sua sponte, even before the Church made an appearance in the case, claiming plaintiff has no case and that he does not even allege an employer-employee relationship sufficient to proceed under Title VII. [read post]
30 Oct 2022, 9:01 pm
Earlier this month the University of Florida (UF) announced that U.S. [read post]
24 Oct 2022, 4:15 am
., IPR2022-00861, following a sua sponte Director Review decision ordering the Board to reconsider its original ruling denying institution. [read post]
24 Oct 2022, 4:15 am
., IPR2022-00861, following a sua sponte Director Review decision ordering the Board to reconsider its original ruling denying institution. [read post]
21 Oct 2022, 9:13 am
Rago (Whether the court, in rendering the subsequent judgment of strict foreclosure, improperly exceeded the scope of the remand order in opening the judgment and making updated findings, sua sponte and without providing to the parties adequate notice and an opportunity to be heard, with respect to the fair market value of the property and the amount of the debt at issue); Wahba v. [read post]
21 Oct 2022, 4:15 am
This week saw 26 Patent Trial and Appeal Board (PTAB) filings (all inter partes reviews [IPRs]) and just 28 new district court complaints—and notably and unusually, no new IP Edge filings. [read post]
21 Oct 2022, 4:15 am
This week saw 26 Patent Trial and Appeal Board (PTAB) filings (all inter partes reviews [IPRs]) and just 28 new district court complaints—and notably and unusually, no new IP Edge filings. [read post]
18 Oct 2022, 4:00 am
Rejecting a joint submission or plea bargain is more like granting a judicial review undertaken sua sponte (on the tribunal’s own initiative). [read post]
17 Oct 2022, 7:15 am
But the court didn’t consider descriptive fair use in flatly declaring infringement because…well, I’m not sure why not, other than this judge apparently thinks courts can’t raise screamingly obvious defenses sua sponte? [read post]
10 Oct 2022, 9:55 am
Otherwise Brexit would have amounted to the bloc's dissolution.The Commission has important duties to carry out and cannot put everything on hold because of someone bringing a lawsuit somewhere.The "Super League" case started in April 2021, and a few weeks later, a Spanish trade judge sua sponte referred half a dozen questions to the ECJ. [read post]
