Publications
Vacatur for Mootness
In U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (1994), the Supreme Court clarified the standards for determining whether a lower court decision should be vacated when a case becomes moot on appeal. Vacatur is generally appropriate when a case becomes moot because “happenstance” or developments unrelated to the litigation, or when the appellee’s actions moot the case, on the theory that the winner below should not be able to manipulate the judicial process to insulate its victory from appellate review.
