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Likewise, an appeals court may remand a case to a trial court. 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 ...
Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), was a United States Supreme Court case in which the Court vacated and remanded a ruling by United States Court of Appeals for the Ninth Circuit on the basis that the Ninth Circuit had not properly determined whether the plaintiff has suffered an "injury-in-fact" when analyzing whether he had standing to bring his case in federal court. [1]
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 ...
Dolan v. City of Tigard, 512 U.S. 374 (1994), more commonly Dolan v.Tigard, is a United States Supreme Court case. [1] It is a landmark case regarding the practice of zoning and property rights, and has served to establish limits on the ability of cities and other government agencies to use zoning and land-use regulations to compel property owners to make unrelated public improvements as a ...
Because the costs of building through parks were demonstrably low, as construction before 1966 had shown, the Court held that the 1966 enactment of the "feasible and prudent" clause "indicates that protection of parkland was to be given paramount importance." [8] The Court remanded the case to the District Court for further proceedings. [9]
The case was remanded to the District Court for a second trial, to consider whether Google's use was acceptable anyway, under the doctrine of fair use, since the original case had not brought out the facts related to fair use sufficiently for the Appeal Court to rule on that point. [43] [44]
“If the court does issue a limited remand, it should either resolve defendants’ motion for a stay pending appeal or enter an administrative stay while the case is remanded.”
Chevron U.S.A. Inc., 544 U.S. 528 (2005), [2] was a landmark case in United States regulatory takings law whereby the Court expressly overruled precedent created in Agins v. City of Tiburon . [ 1 ] Agins held that a government regulation of private property effects a taking if such regulation does not substantially advance legitimate state ...