Equitable Mootness May Be Alive And Well In 3rd Circ.
Law360, New York (August 25, 2015, 9:53 PM EDT) -- The “debate” within the Third Circuit Court of Appeals over the viability of the equitable mootness doctrine continues in light of the circuit’s recent decision in In re One2One Communications LLC, 2015 U.S. App. LEXIS 12544 (3rd Cir. July 21, 2015). In One2One Communications, the panel reversed a district court ruling dismissing an appeal as equitably moot. The concurrence by Third Circuit Judge Cheryl Krause cried out for the abolishment of the equitable mootness doctrine, asserting it had no basis under the Constitution, bankruptcy law or any other basis. Judge Krause specifically requested the Third Circuit hear the matter en banc and...
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