Commercial Litigation and Arbitration

Settlement Pending Appeal Moots All Claims Unless Settling Party (Here, Class Representative) Retains a Personal Stake in the Case — Good Quote about Mootness

From Sanford v. Memberworks, Inc., 2010 U.S. App. LEXIS 22601 (9th Cir. Oct. 25, 2010):

"Mootness [is] the doctrine of standing set in a time frame: The requisite personal interest that must exist at the commencement of the litigation (standing) must continue throughout its existence (mootness)." U.S. Parole Comm'n v. Geraghty, 445 U.S. 388, 397 (1980) (internal quotation marks omitted). "Generally, when a party settles all of his personal claims before appeal, an appeals court must dismiss the appeal as moot unless that party retains a personal stake in the case that satisfies the requirements of Article III." Smith v. T-Mobile USA, Inc., 570 F.3d 1119, 1122 (9th Cir. 2009). "In order to retain . . . a 'personal stake,' a class representative cannot release any and all interests he or she may have had in class representation through a private settlement agreement." Narouz v. Charter Commc'ns, LLC, 591 F.3d 1261, 1264 (9th Cir. 2010).

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