Perspective
Feb. 3, 2012
Safeguarding an appeal against the pitfall of mootness
A 9th Circuit ruling serves as a sobering reminder of the force and scope of the doctrine of mootness. By Zareh A. Jaltorossian and Seth Carmack of Reed Smith LLP
Litigants usually conceive of the right to appeal as absolute, assuming that once an appeal is properly taken, the appellate court will in due course hear the matter and decide the merits of the lower court's decision. The assumption that an appeal will proceed along a smooth and predictable trajectory to resolution on the merits is justified in most instances. Occasionally, however, events will transpire while ...
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