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"Relief from judgment" of a United States District Court is governed by Rule 60 of the Federal Rules of Civil Procedure. [3] The United States Court of Appeals for the Seventh Circuit has noted that a vacated judgment "place[s] the parties in the position of no trial having taken place at all; thus a vacated judgment is of no further force or effect."
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 ...
An order of this sort is typically appropriate when there has been a change in legal circumstances subsequent to the lower court or agency's decision, such as a change in the law, a precedential ruling, or a confession of error; the Supreme Court simply sends the case back to the lower court to be reconsidered in light of the new law or the new ...
A federal judge in Texas on Thursday struck down the U.S. Securities and Exchange Commission's overhaul of Treasury dealer rules adopted earlier this year, finding that the agency had overstepped ...
Shigetomi said no one knew about the “Jardine ” case, since the Supreme Court’s “Jardine ” decision came out after it heard oral arguments Sept. 12 in the Schweitzer case.
The Wednesday decision is a win for litigious Wall Street firms and trade groups that challenge federal rules they say will increase their compliance costs and burden and eat into their profits.
The reversal of a jury's verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury's verdict or that the verdict did not correctly apply the law. That procedure is similar to a situation in which a judge orders a jury to arrive at a particular verdict, called a directed verdict. A judgment ...
“Judge Wynn’s brazenly partisan decision to rescind his retirement is an unprecedented move that demonstrates some judges are nothing more than politicians in robes,” Sen. Thom Tillis (R-N.C ...