More on settlement and mootness
In our discuss of mootness and Campbell-Ewald, we considered how settlements and settlement offers affect mootness (or should not be deemed to affect mootness.
In this Third Circuit case, a member of a public-employee union sued to recover damages covering past dues paid plus interest, following the Supreme Court holding that compelled union payments violate the First Amendment. The union sent the plaintiff a check in the amount of dues paid plus interest; although the plaintiff did not cash the check, the union argued the offer mooted the case. The Third Circuit rejected the argument, because there was no agreement and the plaintiff had suffered a past injury (subsidizing the union) for which she sought a traditional damages remedy.
More on finality
This is Eleventh Circuit case should have been easy. But it shows you how courts have to quickly address things when the parties fail to pay attention and do something obviously wrong. District court granted summary judgment on the plaintiff's claims but did not address defendant's counterclaims; plaintiff then appealed. The court of appeals dismissed for lack of jurisdiction because the decision on the claims was not final and plaintiff had not obtained an FRCP 54(b) certification. The defendants tried something cute--asking the court to retain jurisdiction and stay the appeal but do a limited remand so the district court can address the counterclaims. The court of appeals refused; lacking jurisdiction, it could do nothing other than dismiss for lack of jurisdiction.
