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A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. If the federal court decides that the case was not one in which removal was permissible, it may remand the case to state court. Here, the federal court is not an appellate court as in the case above ...
In light of this, on June 27, the Supreme Court granted Limon's petition, vacated the ruling of the Kansas Court of Appeals, and remanded the case for further consideration. After the Court of Appeals again upheld the law, the Kansas Supreme Court agreed to hear the case and unanimously struck down the part of the law excluding same-sex sexual ...
A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. 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 ...
One paragraph. The Court initially granted review of only Question 1 of the cert petition. After hearing arguments, the Court dismissed as improvidently granted, but simultaneously issued a grant, vacate, remand of the entire cert petition in light of Anza v. Ideal Steel Supply Corp., which had been decided the same day. Maryland v. Blake
568 U.S. 1 Decided November 5, 2012. Fourth Circuit vacated and remanded. The Supreme Court vacated a Fourth Circuit ruling that a civil rights plaintiff who had been awarded an injunction, but not monetary damages, was not entitled to attorney's fees as a "prevailing plaintiff" under 42 U.S.C. §1988. The Court ruled that the plaintiff was indeed a "prevailing plaintiff" within the meaning of ...
An Ada man whose murder conviction was vacated after the landmark McGirt v. Oklahoma decision has been sentenced again to prison. This week in Muskogee federal court, Tyler Jay Mullins, 45, was ...
The Federal District court subsequently vacated the Bankruptcy award and reduced Smith's award to $88 million. However, after a five-month jury trial in Texas, the Probate Court entered a decision that J. Howard Marshall's will and trust were valid, and that his son was the primary beneficiary—rejecting Smith's claim that the son had exerted ...
In a 3-0 decision on Wednesday, the New Orleans-based 5th U.S. Circuit Court of Appeals ruled in favor of six private equity and hedge fund groups, finding the SEC exceeded its authority by ...