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Civil Practice: ADA-Nominal Damages-Mootness
Where a paralyzed plaintiff brought claims under the Americans with Disabilities Act against a convenience store company after his visits were deterred by the lack of accessible parking, and the defendant remedied the violations, the district court properly granted summary judgment to the defendant based on mootness, and the court also correctly ruled that nominal […]
Appellate Practice: Notice of Appeal-Timeliness-Mootness
Where the government brought an action to reduce tax assessments to judgment and enforce liens, and appellants challenged the district court’s entry of an order of sale, the notice of appeal was untimely as to certain orders, and the challenge to the order of sale was moot, so the appeal is dismissed. Appeal is dismissed. […]
Criminal Law: Habeas Relief-Early Release Date-Mootness
Where a defendant in a petition for a writ of habeas corpus claimed that the Bureau of Prisons should not have changed his early release date, the case became moot when the defendant was released from prison, so the appeal is dismissed. Appeal is dismissed. Blakeney v. Huetter (MLW No. 74618/Case No. 19-1474 – 2 […]
Probate: Guardianship-Appointment-Mootness
Where children, who sought the appointment of a guardian and conservator for their mother, challenged a judgment in her favor by the probate court, the mother died during the appeal, so the issue is now moot, so the appeal is dismissed. Appeal is dismissed. In the Matter of Selma McDonald Norton v. McDonald (MLW No. […]
Bankruptcy: Sale of Assets-Standing-Mootness
Where a debtor challenged a bankruptcy court order that granted the trustee’s motion to approve her proposed sale of assets, the sale authorized by the bankruptcy court could not be undone, so the appeal is moot, and the debtor does not have standing to appeal the order. Appeal is dismissed. Belew v. Rucker (MLW No. […]
Public Utilities: Infrastructure-Replacement Surcharge-Overcharges-Mootness
Where the Public Service Commission sought to dismiss an appeal by the Office of Public Counsel as moot in a dispute arising from infrastructure surcharges, the commission erred in finding moot and denying the public counsel’s request that the excess surcharges contemplated in a stipulation and agreement be returned to ratepayers, so the judgment is […]
Civil Rights: Inmate Action-Mootness
Where an inmate appealed the dismissal of his claims against correctional officials for allegedly violating his constitutional rights, the district court did not err in ruling that the claims became moot when he was transferred to another correctional facility. Judgment is affirmed. Hansler v. Kelley (MLW No. 74108/Case No. 19-1267 – 2 pages) (U.S. Court […]
Criminal Law: Manufacture of Controlled Substance-Revocation of Supervised Release-Mootness
Defendant was sentenced to imprisonment and supervised release after pleading guilty to drug and firearm charges. While on supervised release, defendant admitted to violating the conditions of his release. The district court revoked defendant’s release and sentenced him to further imprisonment and supervised release. Where defendant completed his sentence and was released from custody during [&h[...]
Appellate: Mootness-Quiet Title Case
Where a bank challenged a trial court judgment quieting title to property acquired for construction, the relief the bank sought, reinstatement of its liens, could not be granted even if the bank succeeded on its points on appeal, so the appeal is dismissed as moot. Appeal is dismissed. Bank of Washington v. LCRA Holdings Corporation […]
Civil Practice: Juvenile Court-Jurisdiction Mootness
Where a juvenile challenged the judgment committing him to the Division of Youth Services after he violated the terms of his intensive court supervision, the juvenile turned 18 years old during the pendency of the appeal, so the case is moot, and the appeal must be dismissed. Appeal is dismissed. In the Interest of: D.R.C. […]
Administrative Law: Officer Disciplinary Action-Statutory Authority-Mootness
Where the highway patrol challenged a trial court decision remanding a disciplinary action to the superintendent, the case was not moot because the revocation of the peace-officer license was not final and the officer was entitled to make a claim for damages, and the court did not err in finding that the superintendent exceeded his […]
Civil Practice: Injunction-Contract Case-Mootness
Where appellant challenged the denial of injunctive relief in his breach of contract case, even if injunctive relief was a viable remedy, the expiration of the relevant contract and the closing of the appellant’s business rendered the court unable to grant the relief requested, so the case is dismissed as moot. Appeal is dismissed. Benjamin […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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