In an opinion highlighting an interesting federal appellate jurisdictional issue, the Fourth Circuit on Monday vacated a “gag order” that had been entered by the district court.  That gag order, however, had already been vacated by the district court itself.  This raised the possibility that the Fourth Circuit was without jurisdiction to address the gag order, which had been challenged in the appellate court through a petition for a writ of mandamus. … Continue Reading

“It is axiomatic that if, during the course of litigation, an action becomes moot, it should usually be dismissed.” In re Peoples, 296 N.C. 109, 148, 250 S.E.2d 890, 912 (1978).

Key word in the above quote? “Usually.”

In an opinion issued by the Court of Appeals on Tuesday in Anderson v. North Carolina State Board of Elections, the Court addressed the issue of mootness and when it is appropriate for a court to substantively rule on a case that has become technically moot.… Continue Reading