at *12-13 (noting that vacatur
is not required where vacating an illegal agency decision would produce inequitable results).
Furthermore, where the arbitration agreement provides that the arbit rator may not make an award in an amount beyond the policy's limits, an award in excess of those limits is subject to vacatur
, pursuant to CPLR 7511 (b) (1) (iii), as an award in excess of the arbitrator's power (see Matter of Brijmohan v State Farm Ins.
A Brady violation only warrants vacatur
of the defendant's convictions or sentences where the violation "undermines confidence in the outcome of the [defendant's] trial.
notices of appeal, motions for fee-shifting, remittitur or vacatur
The Trust seeks a declaratory judgment that BIA action granting the leases was arbitrary and capricious and also seeks vacatur
of the challenged leases.
is the formal recognition of "factual innocence.
236) The Supreme Court has also made clear that vacatur
of an enhancement's predicate offense warrants resentencing.
And, in some states, mechanisms for enforcement, modification or vacatur
for an award vary, so it is also helpful to understand what will be involved after the award is rendered.
This article provides an overview of the current state of the law in Florida concerning review of arbitration awards, including the governing sources of law, the statutory grounds for judicial vacatur
, modification, and correction, and recent judicial decisions significantly narrowing the availability of nonstatutory grounds for review.
section] 921(a)(33)(B)(ii), which required vacatur
of conviction under Lautenberg Amendment where defendant had successfully completed probation for misdemeanor crime of domestic violence).
135) Brief for the United States as Amicus Curiae in Support of Vacatur
and Remand at 17, BG Group PLC, v.
3) The prosecution is also appealing the vacatur
, and who knows