In an unpublished decision, the 9th Circuit BAP ruled in favor of my fellow trustee in approving a settlement under the A&C Factors. Despite the approval, the BAP appeared to side step an important issue which was the issue of equitable mootness. The Court examined Constitutional mootness and equitable mootness. The Court did conclude that the appeals are not constitutionally moot but did not decide whether the appeals were equitably moot. Instead, they turned to the merits. With that said, the discussion is well worth the read and gives the reader a good discussion on mootness. As indicated above, the Court did approve the settlement but did find that the amount of the settlement may have been on the low end of the spectrum.
Community Bancorp
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