Search results
Results from the WOW.Com Content Network
A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded." Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at ...
Remand orders are not generally appealable [citation needed], but may be appealed in the case of removals brought under the Class Action Fairness Act of 2005 or where the Federal Deposit Insurance Corporation appeals a remand order under 12 U.S.C. § 1819(b)(2)(C). An alleged waiver of removal rights is also appealable, since the issue is not ...
A grant, vacate, remand (GVR) is a type of order issued by the Supreme Court of the United States in which the Court simultaneously grants a petition for certiorari, ...
“Plaintiffs do not oppose a limited remand so the district court may re-issue judgment in full compliance with Rule 65(d) should this Court prefer that course,” the filing said.
The JPML recognized the existence of the self-transfer procedure as early as 1972, and eventually endorsed that practice in its rules. In 1998, however, the U.S. Supreme Court brought self-transfers to a halt by ruling that the plain language of the MDL statute required remand back to the transferor for trial, and invalidated the JPML's rule.
Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...
Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [ 1 ] A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
Get answers to your AOL Mail, login, Desktop Gold, AOL app, password and subscription questions. Find the support options to contact customer care by email, chat, or phone number.