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Voluntarily Ceasing Challenged Activity Doesn't Moot Case
Voluntary cessation of illegal activity does not moot a case. At 202:
A case may nevertheless be moot if the defendant can demonstrate that: "(1) it can be said with assurance that there is no reasonable expectation ... that the alleged violation will recur, ... and (2) interim relief or events have completely and irrevocably eradicated the effects of the alleged violation." ... The burden of demonstrating mootness "is a heavy one."
The defendants here had voluntarily amended their rule requiring arbitration of employment disputes, but in light of proof that the change was partly prompted by political concerns like letters from Congresspersons, the defendants have not met their burden of showing that there is no reasonable expectation the challenged rule will ever be reinstated. Nor have the violation's effects been eradicated, since there are still cases which are governed by the old rule. See: Desiderio v. National Ass'n of Securities Dealers, 191 F.3d 198 (2nd Cir. 1999).
A case may nevertheless be moot if the defendant can demonstrate that: "(1) it can be said with assurance that there is no reasonable expectation ... that the alleged violation will recur, ... and (2) interim relief or events have completely and irrevocably eradicated the effects of the alleged violation." ... The burden of demonstrating mootness "is a heavy one."
The defendants here had voluntarily amended their rule requiring arbitration of employment disputes, but in light of proof that the change was partly prompted by political concerns like letters from Congresspersons, the defendants have not met their burden of showing that there is no reasonable expectation the challenged rule will ever be reinstated. Nor have the violation's effects been eradicated, since there are still cases which are governed by the old rule. See: Desiderio v. National Ass'n of Securities Dealers, 191 F.3d 198 (2nd Cir. 1999).
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Related legal case
Desiderio v. National Ass'n of Securities Dealers
| Year | 1999 |
|---|---|
| Cite | 191 F.3d 198 (2nd Cir. 1999) |
| Level | Court of Appeals |
| Injunction Status | N/A |