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Supreme Court Denies Cert in Equitable Mootness Case

October 02, 2023 10:56 AM | Anonymous member (Administrator)

The U.S. Supreme Court issued an order on Monday, October 2, 2023 denying review in a closely-watched case involving the doctrine of "equitable mootness."  U.S. Bank v. Windstream Holdings, 22-926.  Some Court watchers had thought this might be the case chosen for the Court to review the doctrine of "equitable mootness" of which Justice Alito expressed disfavor when he was on the U. S. Court of Appeals for the Third Circuit.  Nordhoff Investments v. Zenith Electronics, 258 F.3d 180, 192 (3d Cir. 2001) (Alito, J. concurring); see also, In re Continental Airlines, 91 F.3d 553, 567-73 (3d Cir. 1996) (Alito, J, dissenting).  

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