Jurisdiction, Venue, and Forum

Threshold Doctrines

Mootness

Mootness

Mootness

A case becomes moot when intervening events eliminate the live controversy. Exceptions cover disputes capable of repetition yet evading review and voluntary cessation where the conduct could resume.

Class actions have distinct mootness rules.

Alternative Names:

Moot|Mootness Doctrine

Why it Matters?

Voluntary cessation does not moot a case unless the defendant establishes the conduct cannot reasonably be expected to recur, which is a heavy burden that prevents strategic compliance during litigation. In class actions Campbell-Ewald held that an unaccepted offer of complete relief does not moot the named plaintiff's claim, foreclosing the pick-off strategy that previously defeated certification before it was decided.

Frequently asked questions

Does voluntary cessation moot a case?

Can a defendant moot a class claim by offering relief?