Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)

Citation: Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Parent Document: Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Jurisdiction: United States (federal)
Effective Date: 2003-11-19
Original Source: https://www.courtlistener.com/opinion/784254/ernest-brown-v-philadelphia-hous... ↗

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The doctrine of mootness requires that "an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed." New Jersey Turnpike Authority v. Jersey Cent. Power, 772 F.2d 25, 31 (3d Cir.1985) (citing Steffel v. Thompson, 415 U.S. 452, 459 n. 10, 94 S.Ct. 1209, 39 L.Ed.2d 505 (1974); Roe v. Wade, 410 U.S. 113, 125, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973); Golden v. Zwickler, 394 U.S. 103, 108, 89 S.Ct. 956, 22 L.Ed.2d 113 (1969)). Mootness has two aspects: (1) the issues presented are no longer live, or (2) the parties lack a cognizable interest in the outcome. Id. (citing United States Parole Commission v. Geraghty, 445 U.S. 388, 396, 100 S.Ct. 1202, 63 L.Ed.2d 479 (1980)). In the class action context, special mootness rules apply. "Once a class has been certified, mooting of the class representative's claims does not moot the entire action because the class acquires a legal status separate from the interest asserted by its named plaintiff." Lusardi v. Xerox Corp., 975 F.2d 964, 974 (3d Cir.1992) (internal quotations omitted). Litigation may continue because the stake of other class members is attributed to the class representative.5 However "when claims of the named plaintiffs become moot before class certification, dismissal of the action is required." Id. (internal citations omitted).

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