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<b><i>In Re Revel AC</i></b>: The Third Circuit's Roadmap Around Equitable Mootness
It is well established that courts consider the following four factors in determining whether to stay the effect of an order pending appeal: 1) whether the movant has made a strong showing of the likelihood of success on the merits; 2) whether the movant will suffer irreparable injury absent a stay; 3) whether a stay would substantially harm other parties with an interest in the litigation; and 4) whether a stay is in the public interest. Recently, in In re Revel AC, Inc., 802 F.3d 558 (3d Cir. 2015), the U.S. Court of Appeals for the Third Circuit revisited these considerations and provided guidance on “how to conduct a balancing of the stay factors.” While the court's analysis in Revel was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.
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