vacatur
- noun
- /vəˈkeɪtər/
- Formal
- The legal team successfully argued for a vacatur of the judgment due to procedural errors.
Examples
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The Second Circuit held that such a non-appealability provision cannot deprive the federal courts of the ability to apply the standards for vacatur of an arbitration award.
Academic text (2007) -
Importantly, that situation would justify vacatur of the tainted decision, whether involving jurisdictional or substantive issues, because in either case the tribunal would have exceeded its powers by adopting "a fundamentally different arbitral procedure than that agreed by the parties." 181
Academic text (2016) -
Consistent with prevailing international norms, the Court held that even serious legal errors would not justify vacatur.
Academic text (2016) -
On further review, the Supreme Court began by describing the "high hurdle" that one must clear to secure vacatur based on the theory that the arbitrators exceeded their powers.
Academic text (2016) -
The government petitioned for a writ of mandamus, seeking vacatur of the district court's denial of the motion to exclude time.
Academic text (2017) -
In the Court's view, vacatur becomes appropriate "only when an arbitrator strays from interpretation and application of the agreement and effectively 'dispenses his own brand of industrial justice.'" 132
Academic text (2016) -
Any merits decision regarding a permanent injunction that was anything other than an affirmance—including a reversal, a vacatur, or vacate-and-remand—was coded as not affirmed.
Academic text (2017) -
The judge issued a vacatur to nullify the previous ruling on the case.
-
Following the appeal, the court granted a vacatur, setting aside the earlier decision.
Surface Forms
Etymology
Vacatur comes from the Latin verb vacare, which means 'to be empty'. Like the common word vacate, it pictures a judge 'emptying' or canceling a previous decision, so a vacatur is an order that sets that judgment aside.