Perusing The Philly News Appeal

Law360, New York (August 15, 2012, 6:08 PM EDT) -- On July 26, 2012, the bankruptcy-influential United States Court of Appeals for the Third Circuit determined in In re Philadelphia Newspapers LLC, __ F.3d __, (3d Cir. 2012) ("Philly News") that the doctrine of equitable mootness should be construed narrowly. The doctrine of equitable mootness permits a court to dismiss an appeal even when the court has jurisdiction and can grant relief if “implementation of that relief would be inequitable.”[1]

The doctrine has, from time to time, been used successfully to curtail appeals that, if granted,...
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