Filed April 28, 2017
“The burden of demonstrating mootness is a heavy one.” Los Angeles Cty., 440 U.S. at 631. There is nothing with which the Secretary can shoulder his “heavy burden” of supporting his flawed position that this case is moot.
Filed February 8, 2017
Despite voluntary cessation, a case may still be moot if (1) “there is no reasonable expectation that the alleged violation will recur” and (2) “interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.” Cnty. of Los Angeles v. Davis, 440 U.S. 625, 631 (1979) (alterations and citations omitted). Although government actors receive more leeway on this standard because it is presumed they will act lawfully, see, e.g., Citizens for Responsibility & Ethics in Wash. v. Secs.
Filed August 18, 2014
A defendant’s voluntary decision to cease its illegal conduct does not necessarily render a case moot. See Los Angeles Cty., 440 U.S. at 631, 99 S.Ct. at 1383 (citing W.T. Grant, 345 U.S. at 632, 73 S.Ct. at 897). If the plaintiff has an ongoing interest in the outcome of the litigation, his or her claim is not moot.
Filed June 19, 2014
For example, in County of Los Angeles v. Davis, the Supreme Court left “the decision of the Court of Appeals on the merits as the most pertinent statement of the governing law, even if that decision is not directly binding.” 440 U.S. at 646. The case Marathon Oil Co. v. A.G. Ruhrgas, also cited by Defendants, again involved a Case 3:02-cv-01152-M Document 537 Filed 06/19/14 Page 14 of 24 PageID 14072 11 completely different scenario.
Filed July 27, 2012
Order at 1 (quoting Cnty. of Los Angeles, 440 U.S. at 631). As this Court was “inclined to find,” “the Cooper declaration is sufficient to support the reasonable expectation that the challenged labels will never be used again, which would eradicate the effects of the alleged violation . . . to the extent that an injunction against future label use . . . could remedy the alleged violation.”
Filed July 10, 2017
A case is moot “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” L.A. County v. Davis, 440 U.S. 625, 631 (1979) (quoting Powell v. McCormack, 395 U.S. 486, 496 (1969)). Here, “events [have] outrun the controversy such that the court can grant no meaningful relief, [and] the case must be dismissed as moot.”
Filed February 7, 2017
A case is not moot when the Government makes a “voluntary cessation” of the challenged conduct but maintains its right to engage in the conduct in the future. See Los Angeles Cty. v. Davis, 440 U.S. 625, 631 (1979) (“[A]s a general rule, ‘voluntary cessation of allegedly illegal conduct does not deprive the tribunal of power to hear and determine the case, i.e., does not make the case moot.’” (citation omitted)).
Filed September 15, 2016
A case is “moot” under Article III where “interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.” Cty. of Los Angeles v. Davis, 440 U.S. 625, 631 (1979). Mootness, and an accompanying lack of subject matter jurisdiction, occurs where “an opposing party has agreed to everything the other party has demanded.”
Filed November 24, 2015
Due to this repeal, the Court cannot grant effective relief concerning the catch-all phrase; plaintiffs' challenge to the superseded language is moot; and the Court should exercise its discretion to dismiss the complaint. County of Los Angeles v. Davis, Case 1:14-cv-01687-RJS Document 57 Filed 11/24/15 Page 5 of 13 440 U.S. 625,631,99 S. Ct. 1379 (1979) (o'a case is moot when the issues presented ¿tre no longer'live' or the parties lack a legally cognizable interest in the outcome"); AmeriCredit l;'in. Servs.t,.
Filed June 2, 2015
of Trs. of State Univ. of N.Y., 42 F.3d 135, 140 (2d Cir. 1994) (quoting Cnty. of Los Angeles v. Davis, 440 U.S. 625, 631 (1979)). If something occurs during the course of a lawsuit that serves to remove a plaintiff’s personal interest in the outcome of the action, “the action can no longer proceed and must be dismissed as moot.”