Post-Trial and Appeals
Outcomes and Security
Vacatur sets aside a judgment without necessarily determining the merits. It may follow reversal, accompany a remand for reconsideration, or occur where a case becomes moot on appeal.
Settlement-based vacatur is disfavored.
Alternative Names:
Vacated, Vacating a Judgment
Why it Matters?
Vacatur of an adverse precedent as part of a settlement has been substantially restricted, since the Supreme Court held that a party who settles voluntarily forfeits the equitable claim to nullify the ruling below. That limits a strategy defendants previously used to eliminate unfavorable published decisions. Mootness vacatur remains available where circumstances beyond the party's control ended the controversy.
Frequently Confused with
Related terms
Frequently asked questions
Can a party settle to vacate an adverse ruling?
When does mootness vacatur apply?
