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Hunt v. Imperial Merchant Svcs (9th Cir. - March 31, 2009)

By Shaun Martin

Here's a neat little procedural case. That concerns those somewhat unique situations in which, as here, the district court may properly order a defendant to pay for the initial costs of notifying the class members; for example, when (again, as here) the district court has already determined liability prior to certification.

It's also neat because it addresses "anticipatory mootness" -- a rare doctrine, but one that applies when various events (here, the fact that there's a certified question pending before the California Supreme Court) may result in obviating the need to address the issue on appeal. I agree with Judge Gould that this is clearly a prudential (non-Article III) impediment and that, especially in cases like this one, it makes sense to resolve the appeal.

So if you're a federal courts person and/or a procedure guru, here's a nice little case for your morning reading. Because you can never have too much knowledge.

Full post as published by California Appellate Report on March 31, 2009 (boomark / email).