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1
Settlement Agreements in Commercial Disputes: Negotiating, ...
decisions because district court judgments are reviewable as a matter of right, the
Court made clear that the considerations it had outlined for granting vacatur were
applicable at all levels of federal court adjudication.45.1 In short, settlement ...
2
International Commercial Arbitration in New York
E. ARBITRAL JURISDICTION UPON VACATUR Suppose now that an arbitral
proceeding has gone forward, resulting in an award that a disappointed party
then seeks to have annulled or vacated in a court of the place of arbitration.
Among ...
James H. Carter, John Fellas,
2010
3
Section 1983 Litigation: Claims and Defenses
1998) (district courts may employ more flexible “equitable balancing” test rather
than “exceptional circumstances” test to determine whether settlement justifies
vacatur of district court's own judgment). Lower Court Decisions Concerning ...
Martin A. Schwartz, John E. Kirklin,
1997
4
Annual Review of Developments in Business and Corporate ...
Id. at *22 (internal quotations and citations omitted). However, at the same time,
the court declined to adopt bases for vacatur recognized in some jurisdictions: ( 1
) the award failed to "derive its essence from the underlying contract"; (2) that it is
...
Committee on Business and Corporate Litigation,
2006
5
Harvard Law Review: Volume 126, Number 6 - April 2013
Important Treasury regulations may be spared under the doctrine of remand
without Vacatur, developed in a relatively recent line of cases, beginning in the
DC. Circuit with Allied-Signal, Inc. v. U.S. Nuclear Regulatory Commission.“
Under this ...
6
United States Reports, Volume 513: Cases Adjudged in the ...
Section 2106 supplies the vacatur power, and respondent's suggestion is
rejected that Article Ill's case or controversy requirement prohibits the exercise of
that power when no live dispute exists due to a settlement that has mooted the
case.
7
A Guide to Federal Agency Rulemaking
... Remands Without Vacatur in Administrative Law, 36 ARIZ. ST. L.J. 599, 601 ,
637 (2004) (arguing that remand without vacatur is a device used to "temper the
draconian impact of hard look review," but as such may also "fuel the ...
8
Institutions and Incentives in Regulatory Science
See Center forNative Ecosystems v. Salazar, 711 F.Supp.2d 1267 (D. Colo. 2010
). On May 13, 2011, in the suit brought by environmentalists, the federal
government filed a motion for voluntary remand and vacatur of the 2008 partial
delisting ...
Jason Scott Johnston,
2012
9
The Principles and Practice of International Commercial ...
will set aside an award on this ground, however, courts generally find that vacatur
on the grounds of “public policy” requires more than a mistake or
misunderstanding of the law by the arbitrator. Courts differ as to whether the
ground of public ...
10
The American Influences on International Commercial ...
First, the authority appears to be of a single voice in holding that a district court
reviewing an arbitration award where vacatur is sought must engage in a de
novo proceeding. Second, the grounds upon which vacatur may be predicated
are ...
Pedro J. Martinez-Fraga,
2009
WIADOMOŚCI, KTÓRE ZAWIERAJĄ SŁOWO «VACATUR»
Sprawdź, o czym dyskutuje się w prasie krajowej i zagranicznej oraz jak jest stosowane słowo
vacatur w wiadomościach.
Procedural oddities result from simultaneously seeking vacatur of an …
The Second Circuit reversed the district court's dismissal of a claim for vacatur without prejudice, which had been based on the panel's finding that it lacked ... «Lexology, Lip 15»
Forest Service Must Rejigger Ore. Logging Project
“Defendants' argument that vacatur will have disruptive consequences because the agency will lose its discretion to decide whether to set aside the FEIS is ... «Law360, Kwi 15»
Monday Morning Regulatory Review – 3/23/15: White House …
Finally, the Department of Justice (DOJ) won a temporary reprieve for the Department of Labor (DOL) on the vacatur of its H-2B regulations with the promise of ... «Federal Regulations Advisor, Mar 15»
First Circuit reverses vacatur, finding the arbitral panel did not …
The First Circuit, citing numerous instances in which the arbitral panel's decisions may have been erroneous and at least one that left the Court 'perplexed', ... «Lexology, Mar 15»
Little-Known Laws Help Sex Trafficking Victims Clear Criminal …
It's a process known as vacatur. And it's now an option in 20 states for people who can persuade a judge that someone forced or coerced them into selling their ... «NPR, Lut 15»
Advocates Hope 'Vacatur' Laws Will Help Prostitutes Clear Their …
For the first time in Maryland, a woman with a prostitution conviction has had her criminal record wiped clean by convincing a judge she is actually a victim, ... «NPR, Lut 15»
Anyone in Favor of Child Sex Slavery?
None of the bills passed by the House address vacatur laws, which make it easier for trafficking victims to clear their criminal records. Make it easier to connect ... «The Marshall Project, Lut 15»
For human trafficking victims, state offers 'a new beginning'
Today, those charges have been erased through conviction vacatur, a process permitted by a 2011 Maryland state law that allows victims of human trafficking to ... «Baltimore Sun, Gru 14»
Deeb A. Salem v. Goldman Sachs
Following oral argument, the court held Salem's grounds for seeking vacatur fell far short of meeting the high threshold of denying an arbitration award as set ... «Commercial Litigation Insider, Lis 14»
Monday Morning Regulatory Review – 10/6/14: Failing Grades …
With only a passing reference to the precedent supporting the doctrine of remand without vacatur and no analysis of its application to a second failure to comply, ... «Federal Regulations Advisor, Paz 14»