United States Court of Appeals for the Second Circuit · 2010 · Corporations
CorporationsMootnessAppellate Proceduremootnessvacaturremanddismissal of appealSupreme Court mandate
Facts
The opinion identifies Chrysler LLC as the debtor and lists multiple objectors-appellants and appellees in the bankruptcy appeal. The Supreme Court vacated the Second Circuit's prior judgment in the case. It remanded with explicit instructions to dismiss the appeal as moot. The Second Circuit's opinion addresses only that remand order.
Issue
What action should the Second Circuit take after the Supreme Court vacated its prior judgment and remanded with instructions to dismiss the appeal as moot?
Rule
When the Supreme Court vacates a court of appeals' judgment and remands with instructions to dismiss the appeal as moot, the court of appeals must vacate its judgment and dismiss the appeal as moot.
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The Ninth Circuit entered judgment in a bankruptcy appeal involving Cascade Harbor Logistics and several creditor groups in Seattle. The Supreme Court later vacated that judgment and remanded with explicit instructions to dismiss the appeal as moot.
What should the Ninth Circuit do on remand?
Explanation. When the Supreme Court vacates a court of appeals judgment and remands with instructions to dismiss the appeal as moot, the court of appeals must carry out that mandate by vacating its judgment and dismissing the appeal as moot. The appellate court does not revisit the merits. (Derived from In re Chrysler LLC (n.d.).)