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Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts

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Mootness

Gavel on sounding block
brown gavel and open book on a wooden table of the law in the courtroom

Fourth Circuit Holds that Trial Court Cannot Prevent Appellate Review of Decision by Vacating that Decision After Appellate Proceedings Have Commenced

By Patrick M. Kane on October 31, 2018

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…
Continue Reading Fourth Circuit Holds that Trial Court Cannot Prevent Appellate Review of Decision by Vacating that Decision After Appellate Proceedings Have Commenced

Posted in Fourth Circuit, Jurisdiction, Mootness, United States Court of Appeals
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When A Case is Moot, Must the Court Remain Mute?

By Patrick M. Kane on June 24, 2016

“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…
Continue Reading When A Case is Moot, Must the Court Remain Mute?

Posted in Jurisdiction, Justiciability, Mootness, NC Court of Appeals, North Carolina Supreme Court

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