Violação à Primeira Emenda. Nominal damages and injunctive relief. Pleito indenizatório. “Nominal damages, retrospective relief and redressability”. “Nominal damages are not purely simbolic”. “Doctrine of mootness”.
A case pending before a federal court may at some point in the litigation process lose an element of justiciability and become “moot.” Mootness may occur when a controversy initially existing at the time the lawsuit was filed is no longer “live” due to a change in the law or in the status of the parties involved, or due to an act of one of the parties that dissolves the dispute. When a federal court deems a case to be moot, the court no longer has the power to entertain the legal claims and must dismiss the complaint. However, the U.S. Supreme Court over time has developed several exceptions to the mootness doctrine. This report provides a general overview of the doctrine of “mootness,” as the principle is understood and used by federal courts to decide whether to dismiss certain actions for lack of jurisdiction.
Confira a decisão:
