(286) Defendant's Response to Motion for Preliminary Injunction and Suggestion of Mootness
at 3, Nordstrom v.
settlements was the potential waiver of valid claims, mootness
an argument for declaratory judgment in such a way as to avoid mootness
In sum, the Ninth Circuit dismissed Greenpeace's appeal of the preliminary injunctions for mootness
due to the expiration of the injunction and Shell's subsequent decision not to seek renewal.
(68) By eliminating appellate oversight in Article III courts, she argues, equitable mootness
"'effectively delegates the power to prevent that review to the very non-Article III tribunal whose decision is at issue' because 'bankruptcy courts control nearly all of the variables' that are considered in assessing whether an appeal is equitably moot." (69) Yet, these observations stop well short of doubting the ability of bankruptcy judges to hear and decide municipal cases in the first instance.
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.
(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.
E as figuras do mootness
e da ripeness, tipicamente norte-americanas, procuraram fornecer respostas a derradeira demanda.
and ripeness are both, in other words, mostly prudential in nature.
Solicitor General Erwin Griswold was worried about the government's chances before the Court and recommended that the Air Force "waive Captain Struck's discharge and abandon its policy of automatically discharging women for pregnancy." (131) The Air Force agreed, and the Supreme Court vacated the judgment and remanded the case to the Ninth Circuit "to consider the issue of mootness
in light of the position presently asserted by the Government." (132)
(34) However, declaratory plaintiffs often face formidable Article III challenges based upon the general case or controversy requirement as well as the underlying doctrines of standing, ripeness and mootness
, as discussed below in Section I.A.
(13.) If a new issue arises on appeal, the Third Circuit has permitted supplementation under FRAP 10(e) when both parties agreed to stipulate to a fact relating to a potential mootness