MOOTNESS

Question 1

Mootness Generally

Answer 1

Federal courts cannot hear a case without a “live issue” or a party’s interest in the outcome—in other words, there must be an ongoing case or controversy (can be thought of as standing in a timeframe). This is determined after the filing of the complaint.

Question 2

To Avoid Mootness:

Answer 2

1. Plaintiff must have personal stake in controversy THROUGHOUT litigation.
   a. Allege collateral consequences, a consequence that flows from the injury.
2. Case becomes moot by passage of time, change in law, change in facts.
   a. Bring class action, so even if individual plaintiff moots out, case can continue.
3. Requires fact specific injury.
   a. Sue for damages because you always have standing! But you still need to make sure that your COA is viable.

*If the case becomes moot during the litigation, the court gets to decide whether one of the exceptions to mootness applies.

Question 3

Exceptions to Mootness:

Answer 3

1. Collateral consequences (ongoing injury)
   a. Sibron v. New York (unlawful conviction and ongoing legal consequences of conviction post-release); but see Spencer v. Kemna (parole revocations are not ongoing injury).
2. Capable of repetition, yet evading review
   a. Roe v. Wade (women were no longer pregnant so “evades review” but this would keep coming up and litigation takes a really long time – past pregnancy).
   b. Craig v. Boren (teenage males kept turning 21 so injury ends before can bring claim).
   c. Defunis v. Odegaard (by the time cert. was granted, plaintiff was a 3L and law school said he could remain registered for last term and complete requirements to graduate). *Compare to Lyons, where court said it was a standing issue.
3. Voluntary cessation
   a. Just because defendant secedes does not mean that the offending conduct is OVER FOREVER.
   i. US v. Grant (must be beyond dispute that defendant offending conduct is truly over and eliminated for all time).
4. Class actions
   a. If particular plaintiff gets mooted, you can sue on behalf of a class so there is an ongoing injury.