New Standards For Equitable Mootness?

Law360, New York (April 14, 2010, 10:44 AM EDT) -- Once a plan of reorganization has been confirmed and steps have been taken to implement it, district courts have generally been loathe to upset the apple cart and grant appeals that would “undo” the plan or impact creditors and other third parties.

Thus, appeals that would affect the plan or other orders once consummated have typically been dismissed at the district court level as equitably moot. However, two recent decisions from the Fifth and Tenth Circuits change the analysis for deciding equitable mootness and may signal...
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