from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. An announcement in court that something is cancelled or set aside; an annulment.
from the GNU version of the Collaborative International Dictionary of English
- n. An order of court by which a proceeding is set aside or annulled.
from The Century Dictionary and Cyclopedia
- n. In law, the act of annulling or setting aside.
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).
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.
One can get vacatur with a settlement, but only on a strong equitable showing.
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.
This is not to say that vacatur can never be granted when mootness is produced in that fashion.
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.
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.
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.
We hold that mootness by reason of settlement does not justify vacatur of a judgment under review.
"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.
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