Appellate Review Clause Samples

The Appellate Review clause establishes the right and process for a party to challenge and seek review of a lower court or tribunal's decision by a higher appellate authority. Typically, this clause outlines the timeframe for filing an appeal, the scope of issues that may be reviewed, and any procedural requirements that must be met, such as submitting written briefs or records of the original proceedings. Its core practical function is to provide a formal mechanism for correcting errors or addressing perceived injustices in initial rulings, thereby ensuring fairness and accuracy in the resolution of disputes.
Appellate Review. In the event any appeal or collateral attack is filed concerning any of the Court’s orders pertaining to the Settlement, administration of the Settlement shall be stayed pending final resolution of such appeal or review.
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Appellate Review. Within three years after the date of entry into force of this Agreement, the Parties shall commence negotiations with a view to establishing an appellate mechanism to review awards rendered under Article 9.22 in arbitrations commenced after any such appellate mechanism is established. Any such appellate mechanism would hear appeals on questions of law.
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Appellate Review. The Parties agree that any Award, including an Award rendered following remand after appellate review hereunder, shall be subject to review according to the Optional Appeal Procedure of the JAMS Rules, as modified herein. The Appeal Panel shall be composed of three retired judges or justices of any California State or federal court, selected in accordance with the JAMS Rules. The Arbitrator who rendered the Award being reviewed shall not be eligible to serve on the Appeal Panel. The Appeal Panel may review all issues of fact and law specified in the notice of appeal and any cross-appeal, as if the appeal were being heard and decided by a panel of the California Court of Appeal reviewing a judgment of a California Superior Court in a civil action. The review shall be conducted in accordance with the procedures set forth in the California Code of Civil Procedure and California Rules of Court applicable to appeals from judgments in general commercial cases from California Superior Courts to the California Courts of Appeal. After briefing and any oral argument by the Parties that the Appeal Panel deems necessary, the Appeal Panel shall render a written decision, which may affirm or reverse the Award in whole or in part and may note any specific evidence that the Arbitrator should consider or other actions to be taken upon remand, if necessary. At the conclusion of any post-appeal proceedings before the Arbitrator that are required by the Appeal Panel's decision, the Arbitrator shall issue a new Award, which shall be subject to appeal hereunder.
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Appellate Review. Except to the extent a member of the Settlement Class presents a timely objection to the terms of this Agreement, Settlement Class Members waive their right to seek any form of appellate review over any order issued consistent with the terms of this Settlement Agreement.
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Related to Appellate Review

  • Appeals a. Should the filer be dissatisfied with the Formal Dispute determination, a written appeal may be filed with the Chief Procurement Officer, by mail or email, using the following contact information: ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇.▇▇.▇▇▇ Subject line: Appeal – Attn: Chief Procurement Officer b. Written notice of appeal of a determination must be received at the above address no more than ten (10) business days after the date the decision is received by the filer. The decision of the Director of Procurement Services shall be a final and conclusive agency determination unless appealed to the Chief Procurement Officer within such time period. c. The Chief Procurement Officer shall hear and make a final determination on all appeals or may designate a person or persons to act on his/her behalf. The final determination on the appeal shall be issued within twenty (20) business days of receipt of the appeal. d. An appeal of the decision of the Director of Procurement Services shall not include new facts and information unless requested in writing by the Chief Procurement Officer. e. The decision of the Chief Procurement Officer shall be a final and conclusive agency determination.

  • Appellate Court Orders to Vacate, Reverse, or Materially Modify Judgment If the reviewing Court vacates, reverses, or modifies the Judgment in a manner that requires a material modification of this Agreement (including, but not limited to, the scope of release to be granted by Class Members), this Agreement shall be null and void. The Parties shall nevertheless expeditiously work together in good faith to address the appellate court’s concerns and to obtain Final Approval and entry of Judgment, sharing, on a 50-50 basis, any additional Administration Expenses reasonably incurred after remittitur. An appellate decision to vacate, reverse, or modify the Court’s award of the Class Representative Service Payment or any payments to Class Counsel shall not constitute a material modification of the Judgment within the meaning of this paragraph, as long as the Gross Settlement Amount remains unchanged.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) (eff. Apr. 1, 2025, Section 544.0106, pursuant to House Bill 4611, Acts 2023, 88th Leg., R.S.) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • Log Reviews All systems processing and/or storing PHI COUNTY discloses to 11 CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY 12 must have a routine procedure in place to review system logs for unauthorized access.

  • Attorney Review The Purchaser acknowledges that Purchaser has had the opportunity to consult with its legal counsel regarding the Agreement and that accordingly the terms of the Agreement are not to be construed against any party because that party drafted the Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of the Agreement.