Abstracts » Law

Appellate law; settling cases

Article Abstract:

Rulings of the late 1990s reveal that some appellate lawyers lack a thorough knowledge of how to vacate a lower court decision in connection with a settlement. Some courts feel bound by rulings reluctant to permit parties to eliminate unfavorable precedent through settlement, while others are more flexible and pragmatic. Appellate lawyers whose clients insist on vacatur should therefore know both the appellate and district courts' approach to settlement-driven vacatur before the client trades away the right to appeal.

Analysis, Compromise and settlement, Settlements (Law)

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Appellate practice; removal remands

Article Abstract:

Reasons for the removal remands sometimes practiced by federal courts are discussed. The Supreme Court's 1976 ruling in Thermtron Products, Inc. v. Hermansdorfer is responsible for much of the complexity regarding the review of remand orders.

Laws, regulations and rules, Removal of causes, Federal jurisdiction

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