Post-Appeal Decision definition

Post-Appeal Decision means an Other Settlement occurring during the Term and following a decision by the Federal Appellate Court (regardless of whether the appellate court decision results in additional trials and/or appeals). For the sake of clarity, with respect an Other Settlement occurring after the Final District Court Decision, if the settlement amount is less than the Award Amount, there shall be no Other Success Fee payable to 3LP with respect to that Other Settlement. Also, if a Settlement pursuant to this Section 5(d) includes a patent license, the portion of the Success Fee payable to 3LP in respect of such license shall be calculated in accordance with this Section 5(d) and not Section 5(a) hereof.
Sample 1

Examples of Post-Appeal Decision in a sentence

  • Document the process name of firm and person contacted, when, how, responses or bids, and name of person making contact.

  • Argument 3 also ignores the fact that the Post-Appeal Decision was entirely driven by a careful analysis and application of the specific directives of the CAFC Decision issued in this particular case.

  • Plaintiff’s contentions in Argument 1 are identical to arguments Plaintiff already made in briefing to the Court before the Court issued the Post-Appeal Decision, and are therefore rejected as improper attempts to relitigate under the guise of a motion for reconsideration.

  • UPS claims that Plaintiff’s Argument 1 improperly reiterates points already raised and rejected in the Post-Appeal Decision.

  • Plaintiff’s claim in Argument 2 that the Court erred by interpreting Customs regulations and basing its holding on the role of the FP&F Officer does not merit reconsideration because the Court’s analysis of the FP&F Officer’s role was not essential to the Post-Appeal Decision.

  • The government misreads the Post-Appeal Decision when it argues that the Court committed manifest error by relying on interpretations of Customs regulations without agency input and improperly determining that evidence was required that the FP&F Officer, Bert Webster, personally considered all of the § 111.1 factors.The Court did not base its interpretation of the role of the FP&F Officer solely upon regulatory analysis.

  • For example, the Post-Appeal Decision quoted the CAFC Decision at length and examined the precise nature of the errors identified there—committed by both Customs and by this Court.

  • The Post-Appeal Decision only indicated that Plaintiff had no excuse for failing to present evidence—which it now claims to have had all along, and offers through one of the witnesses it called at trial—regarding those ten factors.

  • The Post-Appeal Decision stated the finding “that Plaintiff did not establish at trial that the appropriate Customs officer considered the§ 111.1 factors when deciding whether to impose penalties upon UPS.” 686 F.

Related to Post-Appeal Decision

  • Final Decision means a final action of the commission determining the legal rights, duties, or privileges of any person. “Final decision” does not include preliminary, procedural, or intermediate actions by the commission, actions regulating the internal administration of the commission, or actions of the commission to enter into or refrain from entering into contracts or agreements with vendors to provide goods or services to the commission.

  • Appeal Tribunal means the all-citizen Tribunal duly appointed by Council to conduct hearings under this By-law; (200-08)

  • Appeal Panel means a panel comprised of a chair and two individuals appointed by the Board to consider appeals under Chapter 7.

  • Appeals Tribunal or “AT” means the Body responsible for hearing and determining appeals set out in section 9;

  • Appeal Board means the State Charter School Appeal

  • key decision * means an executive decision which is likely to:

  • Appeal Committee means the appeal committee established by the Council in terms of section 12(3)(a);

  • Adverse decision means a decision reducing,

  • Expedited Appeal means if a Member appeals a decision regarding a denied request for Prior Authorization (Pre-Service Claim) for an Urgent Care Claim, the Member or Member’s Authorized Representative can request an Expedited Appeal, either orally or in writing. Decisions regarding an Expedited Appeal are generally made within seventy-two (72) hours from the Plan’s receipt of the request.

  • CPUC Decisions means CPUC Decisions 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000, 00-00-000 and any other existing or subsequent decisions, resolutions or rulings related to resource adequacy, as may be amended from time to time by the CPUC.

  • Appeals Panel means a panel appointed by the Chief Compliance Officer pursuant to Rule 620.

  • Land use decision means an administrative decision of a land use authority or appeal authority regarding:

  • Appeals Committee means a Committee or Tribunal duly appointed by by-law to conduct hearings under this by-law;

  • Health care decision means any decision regarding the health care of the prospective donor.

  • Informed decision means a decision by a qualified patient, to request and obtain a prescription for medication that the qualified patient may self-administer to end his or her life in a humane and dignified manner, that is based on an appreciation of the relevant facts and after being fully informed by the attending physician of:

  • Decision means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy.

  • Appeals Board means the commissioners and deputy commissioners of the Workers’ Compensation Appeals Board acting en banc, in panels, or individually.

  • Court of Appeal means the division of the Supreme Court referred to in section 7(1)(b);

  • Successful Applicant means an “employee applicant” or “applicant” who has been offered employment within this Bargaining Unit by the Employer.

  • return decision means an administrative or judicial decision or act, stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return;

  • Arbitration Tribunal means an organ composed of an odd number of persons known as arbitrators, who decide on the solution of a conflict in which the parties have expressly waived recourse to the ordinary civil courts

  • Appeal authority means the executive authority of the municipality or any other body or institution outside of the municipality authorised by that municipality to assume the obligations of an appeal authority for purposes of appeals lodged in terms of the Act;

  • Division of hearings and appeals means the division of hearings and appeals in the department of administration.

  • Successful Respondent means an organization that receives a grant award as a result of this RFA. May also be referred to as "Grantee, ""Awarded Applicant," "Subrecipient" or "Grant Recipient."

  • Alternative dispute resolution means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.

  • Review Board has the meaning provided in Section 2.1(f)(i) of this Commercial Shared-Loss Agreement.