2nd Circuit Sets Standard for Anonymous Suit Filings Aug 14, 2008
Mordue then sua sponte instructed the plaintiff to file an amended complaint under her real name, saying New York's Rape Shield Law does not allow the use of pseudonyms and the Federal Rules of Civil Procedure require both that "all the parties" to a lawsuit be named [Rule 10 (a)] and that a "real party in interest" prosecute the action [Rule 17 (a). Mordue also required that any amended complaint allege the personal involvement of two defendants, specifically identify two defendants, state a... (Law.com)
N.J. High Court Puts Lawyers on Probation for Fee-Sharing With Lay Firm Employees Jul 25, 2008
At the OAE's request, the court also vacated the discipline board's sua sponte imposition of a censure against the entire firm. The OAE had argued that "Disciplining a non-existent law firm in lieu of the individual lawyers who perpetrated the misconduct suggests to the public that these lawyers were permitted to engage in a 'shell game' in order to avoid individual responsibility.". (Law.com)
Lawyer Wins Lengthy Fee Fight With Former Client at Texas Supreme Court Jul 19, 2008
According to the Supreme Court's opinion, the 1st Court raised the "meeting of the minds" issue sua sponte and concluded that, because there was not a clear statement that identified the fee agreement as an open account, there was a question where the parties had a meeting of the minds on Haden's obligation. The Supreme Court held that the 1st Court erred in holding that there was no meeting of the minds necessary to form a binding contract. (Law.com)
WINCHESTERS BEST AND BRIGHTEST, June 26 edition Jun 25, 2008
Spencer Anton, Sua sponte Honors ... Joseph Delancy, Academic High Honors and Sua Sponte Honors ... Cole Turissini Sua Sponte Honors. (Winchester Star, MA, MA)
Attorney Who Lost Employment Bias Case Sees Libel Case Against 2nd Circuit Judge Thrown Out Jun 17, 2008
Irizarry dismissed the case sua sponte, citing judicial immunity. "Nothing in plaintiff's complaint suggests that Judge Katzmann took nonjudicial actions against plaintiff or that his judicial actions were taken in the 'complete absence of jurisdiction,'" Irizarry wrote. (Law.com)
Neighbors (June 19) Jun 17, 2008
The Fenn School of Concord announces that Morgan Brennan of Needham has been awarded academic high honors and Sua Sponte honors for the third term. Fenn s motto, Sua Sponte, means, on one s own responsibility. (Needham Tab, MA)
Neighbors (April 24) Apr 23, 2008
The Fenn School of Concord has announced that Morgan Brennan of Needham has been named to its honor roll for the second term, with academic high honors and sua sponte high honors. Sua sponte high honors reflect the extent to which a student accepts responsibility for his own learning, based on an assessment of three specific areas: preparation, engagement and conduct. (Needham Tab, MA)
Dague points to pills Jan 12, 2008
"Despite the adjournment, the matter was disposed of ... sua sponte (by its own motion) with the defendant and his attorney present," Murphy said in a statement. "The district attorney's office was not notified.". (Albany Times Union)
$3 Million Verdict Reinstated for Real Estate Brokerage That Sued Its Lawyer, Insurer Oct 9, 2007
Tereshko said in his opinion that he was raising the issue sua sponte because it was an issue of subject matter jurisdiction. But the superior court panel -- Judges John L. Musmanno, Susan P. Gantman and Jack A. Panella -- found that Tereshko's reasoning was "flawed.". (Law.com)
The Wildlands Project: Nothing New Apr 5, 2007
The court determined, sua sponte, that Mountain States Legal Foundation lacks standing to pursue its action altogether ... We will not consider those arguments or resolve those issues here, as the parties did not adopt them by reference, they do not involve jurisdictional questions or touch on issues of federalism or comity we might consider sua sponte, and we perceive no other exceptional circumstance to justify our consideration of issues raised solely by amicus. (Great Falls Prairie Star, MT)
Judge backs armed robber in fight over jail phone message Mar 21, 2007
Supra sua sponte in personam judicata:These are words that bother my medulla oblongata ... Supra sua sponte in personam judicata. (Scotsman)
A final saluteFallen soldier honored at SIUE Mar 1, 2007
"I consider Ryan to be a brother to me. Our motto is 'sua sponte,' which means 'of their own accord.' I believe this is the way Ryan led his life," Kuhns said. Kuhn and others also told of a different side of Ryan Garbs than the gung-ho soldier. (Alton Telegraph, IL)
UNDER WRAPS: The case of the missing suits Feb 11, 2007
"It's inexcusable that judges can sua sponte (of their own accord) shut down a case. That is not good government," said Lucy Dalglish, executive director of The Reporters Committee for Freedom of the Press based in Arlington, Va. an organization that has successfully challenged courts' authority to seal civil cases in other states. (Las Vegas Review-Journal -- Nevada News)
NRC to consider Vt. Yankee's effects on Connecticut River Jan 15, 2007
NRC spokesman Neil Sheehan said the five commissioners invoked their "sua sponte" right to take certain issues from the Licensing Board and examine those issues as a full commission. They also cited their desire "to provide guidance to a licensing board.". (WCAX.com, VT)
Tennessee's highest asked to make law align with rest of U.S. Dec 8, 2006
"It is easy to say, particularly for persons who admire and support Vice President Gore, that a rule like that declared by the Sua Sponte Dismissal Order would be a salutary rule because it would protect against reporting such as that of the Appellants and would have prevented website owners like WND from posting what Appellants reported; likewise, particularly for persons who admired and supported President Nixon, a rule like that declared by the Sua Sponte Dismissal Order would have prevented... (WorldNetDaily)
Designers' path sets precedent Nov 3, 2006
Nell Redmond/Special to the Observer Christina Jacuzzo (left) and Starr Ilzhoefer will debut their Sua Sponte semi-couture line Sunday at Runway for the Ballet ... Starr and Christina call the line Sua Sponte -- a legal term that in Latin means "on its own will or motion." The left brain name reflects the pair's pursuit of a right brain passion ... Sua Sponte is not in stores and is available by appointment only (). (Charlotte.com, NC -- Living)
P2P Hump Day: Unknown Hinson at Visulite Nov 2, 2006
FASHION AND DANCE: Runway for the Ballet presents the semi-couture line, Sua Sponte, designed by "Project Runway" Season One contestant Starr Ilzhoefer and her design partner Christina Jacuzzo. Also see excerpts of N.C. Dance Theatre's "Innovative Works" along with the boutique lines from I.C. London and other stores. (Charlotte.com, NC -- Entertainment)
Bankruptcy Code Question Inspires Court's Homage to Dr. Seuss Sep 30, 2006
"Sua sponte order determining debtors' compliance with filing requirements of Section 521(a)(l). "Pursuant to 11 U.S.C. Section 521(1), if an individual debtor in a voluntary case under Chapter 7 or 13 fails to file all of the information required under 11 U.S.C. Section 521(a)(l) within 45 days after the date of the filing of the petition, the case shall be 'automatically dismissed' effective on the 46th day after the date of the filing of the petition. "The court has reviewed the docket and... (Law.com)
Grasso Asks Presiding Judge to Recuse Himself in Compensation Case Sep 14, 2006
Zweifach said the development was "deeply troubling" because Ramos had failed to disclose that he had again sought a position on the stock exchange board weeks after Grasso's termination and seven months before the filing of the government's suit, and because the second letter, addressed to Reed, "specifically focused on the Court's willingness, sua sponte, to set aside agreed-upon compensation where the Court questioned its reasonableness.". The fact that Ramos had specifically called attention... (Law.com)
Abiola's Death: Jul 15, 2006
Earlier today, in an interview with the Plaintiffs attorney, Mr. Kayode Oladele, he said that the show cause order was made by the court sua sponte, that is, on its own accord and it is strictly between General Abubakar, his attorney and the Court. The Court, according to Oladele, was simply not impressed by their disobedience to its order and the reasons they gave for their failure to obey the order. (Ocnus.net)
Wooten: Activism can't take credit Jul 12, 2006
I agree that the penumbra analysis in Roe v. Wade is an example of bad activism in that the justices sua sponte created a fundamental constitutional right, never (again, in my mind) a good thing when ther 00000FE8 e is very little legislative support. I would humbly offer a simpler definition of judicial activism: decisions that represent a sea-change from well-established precedent. (Atlanta Journal-Constitution)
Quattrone Conviction Reversed by 2nd Circuit Mar 21, 2006
Among several claims made by Quattrone was that Owen, sua sponte, ordered him to answer "yes," or "no" to certain questions -- and the government was able to contend in summation that he was evasive in answering the questions. His arguments resonated with the circuit. (Law.com)
H&R Block Class Action Sent Back to Philadelphia Mar 3, 2006
"Thereafter, [the class members] contend that the trial court scheduled, sua sponte, a settlement conference, at which the trial court recommended that [the plaintiffs] accept a $10 million settlement offer from [Block]," Musmanno wrote. "[They] refused the settlement offer.". (Law.com)
Judge Questions Viability of NYC's Gun Litigation Feb 10, 2006
An attorney for the National Shooting Sports Foundation, the gun industry's trade association, objected to Weinstein's sua sponte order for a hearing. The attorney, Lawrence G. Keane, said the appropriations bill addressed an evidentiary question separate from issues pending before the circuit, and should not be considered until the appeal is completed, if necessary. (Law.com)
