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Time to Revisit Equitable Mootness

Recently, Third Circuit Judge Cheryl Ann Krause urged the court to "consider eliminating, or at the very least reforming equitable mootness." Two recent decisions from the Third and Ninth Circuits confirm why Judge Krause is right.

25 minute read September 02, 2015 at 12:00 AM
By
Michael L. Cook
Time to Revisit Equitable Mootness

Respected appellate judges have condemned the judicially created doctrine of “equitable mootness” for at least the past 20 years. That doctrine allows an appellate court to avoid reaching the merits of an appeal from a Chapter 11 plan confirmation order.

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