Labels:book | reckoner | sky | windowpane OCR: C The Federal Circuit Is in Lrror m Granting Vacatur Merely Because Parties Settle and Reauest Ii The Federal Circuit takes an extreme position on vaca tur in granting the motion to vacate whene ver the parties settle the action on appeal. Other circuit courts appeals recognize that vacatur is not mandatory when the action on appeal becomes moot due settlement. For example, United States, 927 626. 627 1. Cir 1991}, the court denied notion vacate and held that "[w] op no believe that vacatur appropriate when matter has been nooted after judgment only bec ause the parties have into settlemeni Some courts routinely deny motions vacate based on settlement Others seck tc balance the parties pri vate interest vacatur against the facts bearing on the public interest preserving the district court ...
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