One can get vacatur with a settlement, but only on a strong equitable showing. From Wordnik.com. [The Volokh Conspiracy » Klein v. Amtrak Opinions, Which Were Removed from Lexis and Westlaw Pursuant to a Settlement:] Reference
This is not to say that vacatur can never be granted when mootness is produced in that fashion. From Wordnik.com. [The Volokh Conspiracy » Klein v. Amtrak Opinions, Which Were Removed from Lexis and Westlaw Pursuant to a Settlement:] Reference
We hold that mootness by reason of settlement does not justify vacatur of a judgment under review. From Wordnik.com. [The Volokh Conspiracy » Klein v. Amtrak Opinions, Which Were Removed from Lexis and Westlaw Pursuant to a Settlement:] Reference
That settled the matter, so we did not have to decide whether to agree to it, or, as would have been logical, seek a premium for the vacatur. From Wordnik.com. [The Volokh Conspiracy » Klein v. Amtrak Opinions, Which Were Removed from Lexis and Westlaw Pursuant to a Settlement:] Reference
At least he only served 5 years in prison prior to the vacatur of his sentence, as opposed to the unlucky people who aren't released for 15-20 years. From Wordnik.com. [Court of Claims] Reference
If this is a special and compelling case for allowing vacatur, however, that should have been made clear by the court, and it should have laid out the narrow circumstances when it will be granted. From Wordnik.com. [The Volokh Conspiracy » Klein v. Amtrak Opinions, Which Were Removed from Lexis and Westlaw Pursuant to a Settlement:] Reference
It should be clear from our discussion, however, that those exceptional circumstances do not include the mere fact that the settlement agreement provides for vacatur-which neither diminishes the voluntariness of the abandonment of review nor alters any of the policy considerations we have discussed. From Wordnik.com. [The Volokh Conspiracy » Klein v. Amtrak Opinions, Which Were Removed from Lexis and Westlaw Pursuant to a Settlement:] Reference
Of course even in the absence of, or before considering the existence of, extraordinary circumstances, a court of appeals presented with a request for vacatur of a district-court judgment may remand the case with instructions that the district court consider the request, which it may do pursuant to Federal Rule of Civil Procedure 60b. From Wordnik.com. [The Volokh Conspiracy » Klein v. Amtrak Opinions, Which Were Removed from Lexis and Westlaw Pursuant to a Settlement:] Reference
The Court first clarified that "the Court of Claims Act requires a claimant to establish only that the vacatur of the judgment was predicated upon one of the statutory grounds" rather than requiring a claimant to establish that the vacatur of the judgment and dismissal of the indictment were based on one of the grounds specified in Court of Claims Act § 8-b (3) (b) (ii) and CPL 440.10 (1). From Wordnik.com. [Court of Claims] Reference
The vacatur came from the district court's pre-KSR strict requirement for a motivation to combine references. From Wordnik.com. [Patent Law Blog (Patently-O)] Reference
The court issued its ruling in July, I think, and directed the parties today to file briefs as to their positions on the vacatur issue. From Wordnik.com. [SeekingAlpha.com: Home Page] Reference
Pygmaeadum fasvity mediifque in millibus ardet Duftor, quem late hinc atque hinc peveuntia cingunt Corpora fufa Gruum; mediaque in moite vacatur. From Wordnik.com. [The Works of the English Poets] Reference
That's right and our request for remand and to delay any vacatur is to give the EPA time to up through the end of phase one to make whatever amendments they need to do to pass musters. From Wordnik.com. [SeekingAlpha.com: Home Page] Reference
So, you folks are going to basically advise the court, as the victorious party in this court case, that you do not support vacatur of any part of this rule, either in part or in its entirety?. From Wordnik.com. [SeekingAlpha.com: Home Page] Reference
Wanted to get your take as to where you folks stand on the record as it relates to vacatur or just a remand leaving the current order in effect, pending the EPA's promulgation of any new rules?. From Wordnik.com. [SeekingAlpha.com: Home Page] Reference
It is clear to this Court that upon renewal of the motion to vacate the default judgment, plaintiff would have established the first prong of vacatur, i.e., he had a meritorious defense to Ross's Action. From Wordnik.com. [New York Attorney Malpractice Blog] Reference
Would you say that the 1000 pound gorillas are on the side of remand without vacatur, and some of the smaller munis are going to on the side of vacatur and how will the court balance 20,000 megawatts saying just remand it. From Wordnik.com. [SeekingAlpha.com: Home Page] Reference
SEC as an "appeal," but characterizes it as seeking declaratory, preliminary, and permanent injunctive relief against the SEC; and further seeking an Order of Mandamus directing the vacatur and stay of proceedings, decisions, and orders. From Wordnik.com. [Forbes.com: News] Reference
Wanted to get your take as to what the judge and the en banc panel was getting after,? when they requested folks 'comments on whether or not there be just a remand without vacatur or if vacatur was necessary in light of the court's findings. From Wordnik.com. [SeekingAlpha.com: Home Page] Reference
Lily Jordan of Cape Elizabeth was eliminated today from the Scripps National Spelling Bee in Washington, D.C. Although she spelled her second word correctly - vacatur - but was eliminated based on the results of a written portion of the round. From Wordnik.com. [Kennebec Journal News] Reference
Munsingwear vacatur, where the Court may, in the course of dismissing an appeal as moot, vacate the underlying Court of Appeals decision; this is what happened in the Al-Marri case, and we hope, occurs with the Uighurs, who, we hope, will be released somewhere, and soon. From Wordnik.com. [The Moderate Voice] Reference
Do you think that if folks like yourselves, having won this case, say we don't need vacatur as a remedy here, that the judge and the en banc panel will be differential to those requests or do you think that this is more of an intellectual exercise and they're still going to vacate it?. From Wordnik.com. [SeekingAlpha.com: Home Page] Reference
"We do not know whether and to what extent APHIS would seek to effect a limited deregulation during the pendency of the EIS (environmental impact statement) process if it were free to do so; we do know that the vacatur of APHIS's deregulation decision means that virtually no RRA (Roundup Ready Alfalfa) can be grown or sold until such time as a new deregulation decision is in place," the ruling stated. From Wordnik.com. [Breaking News - The Post Chronicle] Reference
Kappos lawsuit - will join the USPTO’s motion for dismissal and vacatur. From Wordnik.com. [USPTO Continuation Rules *DEAD* (More-or-Less)] Reference
Although the district court applied the correct standard in addressing Flagstar’s motion for sanctions, we conclude that its assessment of the evidence was "clearly erroneous" as to warrant vacatur. From Wordnik.com. [CAFC Clarifies Rule 11 Sanctions Against Patentee for Ninth Circuit] Reference
Decisions vacating the lower court’s judgment on mootness grounds are typically among the quickest to write, and although there’s a bit of a wrinkle on the vacatur question here because the Court concludes the case is more akin to mootness through happenstance than mootness through settlement, there’s nothing in there that suggests it should have taken 55 days to produce. From Wordnik.com. [The Volokh Conspiracy » So . . . Where Are The (Argued) Supreme Court Opinions? Part III] Reference
Arbitration Act amendments suggesting any intent to deviate from that standard of review, or to permit vacatur on 'any "reasonable" basis.'". From Wordnik.com. [The BLT: The Blog of Legal Times] Reference
Bonner Mall, 513 US 18 (1994) (Scalia, J.) (holding mootness by reason of settlement does not justify vacatur of judgment under review) available at http://supreme.justia.com/us/513/18/Out of Iowa(Quote). From Wordnik.com. [The Volokh Conspiracy » Supreme Court Dismisses Potentially Important Property Rights Case as Moot] Reference
Are you guys going to request a partial vacatur?. From Wordnik.com. [SeekingAlpha.com: Home Page] Reference
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