In sum, the Ninth Circuit reversed the district court's approval of a motion to dismiss on mootness
66) These other courts have held that the equitable mootness
doctrine applies to municipal cases.
In fact, modern justiciability doctrines, such as standing, ripeness, and mootness
, complicate the assessment of strategy: there is often some debate about whether a justiciability doctrine is being used to avoid contentious issues or whether it reflects substantive and principled content on its own terms.
10, 2014) at 5-6 (recounting order by Ninth Circuit that parties be prepared to discuss mootness
of campaign-finance-disclosure question in light of rule that "once a fact is widely available to the public, a court cannot grant any 'effective relief to a person seeking to keep that fact a secret" (quoting Doe v.
5) The court conducted a lengthy analysis of the historical roots of justiciability doctrine, concluding that constitutional conceptions of standing and mootness
are constructs of the twentieth century, which state courts might appropriately adopt as a matter of policy, but are not required to follow as a matter of state constitutional law.
Sosna's relaxed mootness
approach to a class action involving
23 ("It is the duty of counsel to bring to the federal tribunal's attention, 'without delay,' facts that may raise a question of mootness
A cross-motion filed by the school for dismissal of the lawsuit due to mootness
(after her reinstatement by the district court's injunction, Yoder had graduated from the program) was denied because Yoder's suit for damages was still in process.
Mitchell, now a professor at Stanford Law School, told the justices, "Campbell-Ewald's mootness
argument fails because an offer of complete relief cannot render a case moot.
administratively liable and imposed upon him the penalty of dismissal, which carries the accessory penalty of perpetual disqualification from holding public office, for the present administrative charges against him, the said CA petition ought to be dismissed on the ground of mootness
The court noted that the short average length of stay of inmates in the proposed class, which was largely made up of pretrial detainees, was approximately 34 days, and that short period, coupled with the plodding speed of legal action and the fact that other persons similarly situated would continue to be subject to the challenged conduct, qualified the plaintiffs for the "inherently transitory" exception to the mootness
Similarly, although the mootness
doctrine has been aptly described as inquiring whether the plaintiff retains the concrete injury that gave him standing when the case was filed, (70) it likewise incorporates significant prudential elements.