gomez
argued
october
decided
january
navy
contracted
petitioner
company
campbell
develop
multimedia
recruiting
campaign
included
sending
text
messages
young
adults
individuals
opted
receipt
marketing
solicitations
topics
included
navy
service
campbell
subcontractor
mindmatics
llc
generated
list
cellular
phone
numbers
consenting
users
transmitted
navy
message
recipients
including
respondent
jose
gomez
alleges
consent
receive
text
messages
age
navy
targeted
age
group
gomez
filed
nationwide
class
action
alleging
campbell
violated
telephone
consumer
protection
act
tcpa
iii
prohibits
using
automatic
dialing
system
send
text
message
cellular
telephone
absent
recipient
prior
express
consent
sought
treble
statutory
damages
willful
knowing
tcpa
violation
injunction
campbell
involvement
unsolicited
messaging
deadline
gomez
file
motion
class
certification
campbell
proposed
settle
gomez
individual
claim
filed
offer
judgment
pursuant
federal
rule
civil
procedure
gomez
accept
offer
allowed
rule
submission
lapse
expiration
time
days
specified
rule
campbell
moved
dismiss
case
pursuant
rule
lack
jurisdiction
campbell
argued
first
offer
mooted
gomez
individual
claim
providing
complete
relief
next
campbell
urged
gomez
failure
move
class
certification
individual
claim
became
moot
caused
putative
class
claims
become
moot
well
district
denied
motion
limited
discovery
district
granted
campbell
motion
summary
judgment
relying
yearsley
ross
constr
held
campbell
contractor
acting
navy
behalf
acquired
navy
sovereign
immunity
suit
tcpa
ninth
circuit
reversed
agreed
gomez
case
remained
live
concluded
campbell
entitled
derivative
sovereign
immunity
yearsley
basis
held
unaccepted
settlement
offer
offer
judgment
moot
plaintiff
case
district
retained
jurisdiction
adjudicate
gomez
complaint
article
iii
cases
controversies
limitation
requires
actual
controversy
extant
stages
review
merely
time
complaint
filed
arizonans
official
english
arizona
internal
quotation
marks
omitted
case
become
moot
long
parties
concrete
interest
however
small
litigation
outcome
chafin
chafin
internal
quotation
marks
omitted
gomez
complaint
effaced
campbell
unaccepted
offer
satisfy
individual
claim
basic
principles
contract
law
campbell
settlement
bid
rule
offer
judgment
rejected
continuing
efficacy
settlement
offer
operative
parties
remained
adverse
retained
stake
litigation
outset
neither
rule
railroad
tax
cases
california
san
pablo
tulare
little
bowers
san
mateo
county
southern
pacific
support
argument
unaccepted
settlement
offer
moot
complaint
pp
campbell
status
federal
contractor
entitle
immunity
suit
violation
tcpa
unlike
agencies
federal
contractors
enjoy
absolute
immunity
federal
contractor
simply
performs
directed
government
may
shielded
liability
injuries
caused
conduct
see
yearsley
derivative
immunity
exists
contractor
exceeded
authority
authority
validly
conferred
summary
judgment
record
includes
evidence
navy
authorized
campbell
send
text
messages
individuals
opted
receive
solicitations
required
tcpa
contractor
violates
federal
law
government
explicit
instructions
alleged
immunity
shields
contractor
suit
pp
affirmed
remanded
ginsburg
delivered
opinion
kennedy
breyer
sotomayor
kagan
joined
thomas
filed
opinion
concurring
judgment
roberts
filed
dissenting
opinion
scalia
alito
joined
alito
filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
company
petitioner
jose
gomez
writ
certiorari
appeals
ninth
circuit
january
justice
ginsburg
delivered
opinion
unaccepted
offer
satisfy
named
plaintiff
individual
claim
sufficient
render
case
moot
complaint
seeks
relief
behalf
plaintiff
class
persons
similarly
situated
question
courts
appeals
divided
reserved
genesis
healthcare
symczyk
slip
hold
today
accord
rule
federal
rules
civil
procedure
unaccepted
settlement
offer
force
like
unaccepted
contract
offers
creates
lasting
right
obligation
offer
table
defendant
continuing
denial
liability
adversity
parties
persists
case
presents
second
question
claim
suit
concerns
performance
petitioner
contract
federal
government
sovereign
immunity
suit
shield
petitioner
private
enterprise
well
hold
petitioner
status
government
contractor
entitle
derivative
sovereign
immunity
blanket
immunity
enjoyed
sovereign
telephone
consumer
protection
act
tcpa
act
stat
iii
prohibits
person
absent
prior
express
consent
recipient
mak
ing
call
using
automatic
telephone
dialing
system
telephone
number
assigned
paging
service
cellular
telephone
service
text
message
cellular
telephone
undisputed
qualifies
call
within
compass
iii
damages
occasioned
conduct
violating
tcpa
authorizes
private
right
action
plaintiff
successful
action
may
recover
actual
monetary
loss
violation
whichever
greater
damages
may
trebled
defendant
willfully
knowingly
violated
act
petitioner
company
campbell
nationwide
advertising
marketing
communications
agency
beginning
navy
engaged
campbell
develop
execute
multimedia
recruiting
campaign
campbell
proposed
navy
campaign
involving
text
messages
sent
young
adults
navy
target
audience
encouraging
learn
navy
navy
approved
campbell
proposal
conditioned
sending
messages
individuals
opted
receipt
marketing
solicitations
topics
included
service
navy
app
final
form
message
read
destined
something
big
navy
get
career
education
chance
serve
greater
cause
free
navy
video
call
phone
number
campbell
contracted
mindmatics
llc
generated
list
cellular
phone
numbers
geared
navy
target
audience
namely
cellular
phone
users
ages
consented
receiving
solicitations
text
message
may
mindmatics
transmitted
navy
message
recipients
respondent
jose
gomez
recipient
navy
recruiting
message
alleging
never
consented
receiving
message
age
nearly
campbell
violated
tcpa
sending
message
perhaps
others
like
gomez
filed
complaint
district
central
district
california
behalf
nationwide
class
individuals
received
consented
receipt
text
message
gomez
sought
treble
statutory
damages
costs
attorney
fees
also
injunction
campbell
involvement
unsolicited
messaging
app
prior
deadline
gomez
file
motion
class
certification
campbell
proposed
settle
gomez
individual
claim
filed
offer
judgment
pursuant
federal
rule
civil
procedure
app
pet
cert
campbell
offered
pay
gomez
costs
excluding
attorney
fees
per
message
may
text
message
text
message
gomez
show
received
thereby
satisfying
personal
claim
campbell
also
proposed
stipulated
injunction
agreed
barred
sending
text
messages
violation
tcpa
proposed
injunction
however
denied
liability
allegations
made
complaint
disclaimed
existence
grounds
imposition
injunction
settlement
offer
include
attorney
fees
campbell
observed
tcpa
provide
award
gomez
accept
settlement
offer
allowed
campbell
rule
submission
lapse
time
days
specified
rule
campbell
thereafter
moved
dismiss
case
pursuant
federal
rule
civil
procedure
lack
jurisdiction
article
iii
case
controversy
remained
campbell
urged
offer
mooted
gomez
individual
claim
providing
complete
relief
gomez
moved
class
certification
claim
became
moot
campbell
added
putative
class
claims
also
became
moot
district
denied
campbell
motion
supp
cd
cal
gomez
dilatory
filing
certification
request
district
determined
consequently
noted
class
claims
relat
back
date
gomez
filed
complaint
limited
discovery
campbell
moved
summary
judgment
discrete
ground
navy
enjoys
sovereign
immunity
suit
tcpa
campbell
argued
district
granted
motion
relying
decision
yearsley
ross
constr
held
contractor
acting
navy
behalf
campbell
acquired
navy
immunity
cv
cd
app
pet
cert
wl
appeals
ninth
circuit
reversed
summary
judgment
entered
campbell
appeals
disagreed
district
ruling
immunity
issue
agreed
gomez
case
remained
live
concerning
gomez
individual
claim
appeals
relied
decision
diaz
first
american
home
buyers
protection
diaz
held
unaccepted
rule
offer
fully
satisfy
plaintiff
individual
claim
insufficient
render
th
claim
moot
class
relief
gomez
sought
ninth
circuit
held
unaccepted
rule
offer
judgment
full
amount
named
plaintiff
individual
claim
made
named
plaintiff
files
motion
class
certification
moot
class
action
quoting
pitts
terrible
herbst
next
appeals
held
campbell
entitled
derivative
sovereign
immunity
decision
yearsley
basis
vacating
district
judgment
ninth
circuit
remanded
case
granted
certiorari
resolve
disagreement
among
courts
appeals
whether
unaccepted
offer
moot
plaintiff
claim
thereby
depriving
federal
courts
article
iii
jurisdiction
compare
bais
yaakov
act
hooks
landmark
industries
chapman
first
index
tanasi
new
alliance
bank
stein
buccaneers
limited
partnership
diaz
holding
unaccepted
offer
render
plaintiff
claim
moot
warren
sessoms
rogers
ed
donnelly
enterprises
weiss
regal
collections
holding
unaccepted
offer
moot
plaintiff
claim
granted
review
well
resolve
federal
contractor
immunity
question
campbell
petition
raised
ii
article
iii
constitution
limits
jurisdiction
cases
controversies
art
iii
interpreted
requirement
demand
actual
controversy
extant
stages
review
merely
time
complaint
filed
arizonans
official
english
arizona
quoting
preiser
newkirk
intervening
circumstance
deprives
plaintiff
stake
outcome
lawsuit
point
litigation
action
longer
proceed
must
dismissed
moot
genesis
healthcare
slip
quoting
lewis
continental
bank
case
becomes
moot
however
impossible
grant
effectual
relief
prevailing
party
knox
service
employees
slip
internal
quotation
marks
omitted
long
parties
concrete
interest
however
small
outcome
litigation
case
moot
chafin
chafin
slip
internal
quotation
marks
omitted
genesis
healthcare
considered
collective
action
brought
laura
symczyk
former
employee
genesis
healthcare
symczyk
sued
behalf
similarly
situated
employees
alleged
violations
fair
labor
standards
act
et
seq
case
defendant
served
plaintiff
offer
judgment
pursuant
rule
satisfied
plaintiff
individual
claim
slip
also
plaintiff
allowed
offer
lapse
failing
respond
within
time
specified
rule
ibid
unlike
case
gomez
mounted
symczyk
dispute
lower
courts
genesis
healthcare
offer
mooted
individual
claim
slip
failure
genesis
healthcare
majority
refused
rule
issue
instead
majority
simply
assumed
without
deciding
offer
complete
relief
pursuant
rule
even
unaccepted
moots
plaintiff
claim
ibid
made
assumption
proceeded
consider
whether
action
remained
justiciable
basis
allegations
alone
absent
plaintiff
live
individual
case
concluded
suit
maintained
slip
justice
kagan
writing
dissent
explained
reached
threshold
question
held
unaccepted
offer
judgment
moot
case
slip
reasoned
plaintiff
rejects
offer
however
good
terms
interest
lawsuit
remains
ability
grant
relief
unaccepted
settlement
offer
like
unaccepted
contract
offer
legal
nullity
operative
effect
every
law
student
learns
recipient
rejection
offer
matter
offer
ever
made
minneapolis
louis
columbus
rolling
mill
nothing
rule
alters
basic
principle
contrary
rule
specifies
unaccepted
offer
considered
withdrawn
fed
rule
civ
proc
assuming
case
live
plaintiff
stake
grant
relief
litigation
carries
unmooted
ibid
adopt
justice
kagan
analysis
every
appeals
ruling
issue
post
genesis
accordingly
hold
gomez
complaint
effaced
campbell
unaccepted
offer
satisfy
individual
claim
earlier
recounted
see
supra
gomez
commenced
action
campbell
violation
tcpa
suing
behalf
others
similarly
situated
gomez
sought
treble
statutory
damages
injunction
behalf
nationwide
class
campbell
settlement
offer
proposed
relief
gomez
alone
admit
liability
app
pet
cert
gomez
rejected
campbell
settlement
terms
offer
judgment
basic
principles
contract
law
campbell
settlement
bid
rule
offer
judgment
rejected
continuing
efficacy
see
genesis
healthcare
kagan
dissenting
slip
absent
gomez
acceptance
campbell
settlement
offer
remained
proposal
binding
neither
campbell
gomez
see
app
pet
cert
please
advise
whether
gomez
accept
campbell
offer
rejected
campbell
settlement
bid
given
campbell
continuing
denial
liability
gomez
gained
entitlement
relief
campbell
previously
offered
see
eliason
henshaw
wheat
undeniable
principle
law
contracts
offer
bargain
one
person
another
imposes
obligation
upon
former
accepted
latter
short
settlement
offer
still
operative
parties
remained
adverse
retained
stake
litigation
outset
federal
rule
point
rule
hardly
supports
argument
unaccepted
settlement
offer
moot
complaint
offer
judgment
rule
provides
considered
withdrawn
accepted
within
days
service
fed
rule
civ
proc
sole
sanction
ultimate
judgment
favorable
unaccepted
offer
offeree
must
pay
costs
incurred
offer
made
rule
urging
offer
judgment
render
controversy
moot
campbell
features
trio
railroad
tax
cases
california
san
pablo
tulare
little
bowers
san
mateo
county
southern
pacific
none
decisions
suggests
unaccepted
settlement
offer
put
plaintiff
san
pablo
california
sued
recover
state
county
taxes
due
railroad
response
railroad
merely
offered
pay
taxes
question
actually
deposited
full
amount
demanded
california
bank
state
name
accord
california
statute
extinguished
railroad
tax
obligations
upon
payment
san
pablo
thus
rested
california
substantive
law
required
state
accept
taxpayer
full
payment
amount
controversy
san
mateo
little
similarly
involved
actual
payment
taxes
suit
brought
three
cases
railroad
payments
fully
satisfied
asserted
tax
claims
extinguished
san
mateo
little
contrast
cases
campbell
highlights
settlement
offer
campbell
extended
gomez
expired
gomez
remained
emptyhanded
tcpa
complaint
campbell
opposed
merits
stood
wholly
unsatisfied
gomez
individual
claim
made
moot
expired
settlement
offer
claim
retain
vitality
time
involved
determining
whether
case
proceed
behalf
class
class
lacks
independent
status
certified
see
sosna
iowa
class
representative
live
claim
must
accorded
fair
opportunity
show
certification
warranted
chief
justice
dissent
asserts
decision
transfers
authority
federal
courts
hands
plaintiff
post
quite
contrary
dissent
approach
place
defendant
driver
seat
encountered
kindred
strategy
bancorp
mortgage
bonner
mall
partnership
parties
bancorp
reached
voluntary
settlement
case
pending
petitioner
sought
vacatur
appeals
judgment
contending
relieved
adverse
decision
ground
settlement
made
dispute
moot
rejected
gambit
similarly
campbell
sought
avoid
potential
adverse
decision
one
expose
damages
larger
bid
gomez
declined
accept
sum
unaccepted
settlement
offer
offer
judgment
moot
plaintiff
case
district
retained
jurisdiction
adjudicate
gomez
complaint
ruling
suffices
decide
case
need
decide
whether
result
different
defendant
deposits
full
amount
plaintiff
individual
claim
account
payable
plaintiff
enters
judgment
plaintiff
amount
question
appropriately
reserved
case
hypothetical
iii
second
question
us
whether
campbell
status
federal
contractor
renders
immune
suit
violating
tcpa
sending
text
messages
unconsenting
recipients
agencies
undisputed
subject
tcpa
prohibitions
statute
lifts
immunity
brief
brief
respondent
federal
contractors
share
government
unqualified
immunity
liability
litigation
hold
overnment
contractors
obtain
certain
immunity
connection
work
pursuant
contractual
undertakings
brady
roosevelt
immunity
however
unlike
sovereign
absolute
see
campbell
asserts
derivative
sovereign
immunity
brief
petitioner
offer
authority
notion
private
persons
performing
government
work
acquire
government
embracive
immunity
contractor
violates
federal
law
government
explicit
instructions
alleged
derivative
immunity
shields
contractor
suit
persons
adversely
affected
violation
campbell
urges
two
decisions
support
derivative
immunity
defense
yearsley
filarsky
delia
yearsley
landowner
asserted
claim
damages
private
company
whose
work
building
dikes
missouri
river
pursuant
contract
federal
government
washed
away
part
plaintiff
land
held
contractor
answerable
landowner
work
contractor
done
river
bed
observed
authorized
directed
government
performed
pursuant
act
congress
internal
quotation
marks
omitted
government
authority
carry
project
validly
conferred
done
within
constitutional
power
congress
explained
liability
part
contractor
simply
performed
government
directed
contrasted
yearsley
cases
government
agent
exceeded
authority
authority
validly
conferred
circumstances
said
agent
held
liable
conduct
causing
injury
another
filarsky
considered
whether
private
attorney
temporarily
retained
municipal
government
investigator
claim
qualified
immunity
action
brought
finding
distinction
common
law
public
servants
private
individuals
engaged
public
service
held
investigator
assert
qualified
immunity
lawsuit
slip
qualified
immunity
reduces
risk
contractors
shy
away
government
work
doctrine
bounded
way
campbell
derivative
immunity
plea
qualified
immunity
may
overcome
defendant
knew
known
conduct
violated
right
established
time
episode
suit
ginsburg
concurring
slip
citing
harlow
fitzgerald
campbell
contend
tcpa
requirements
navy
instructions
failed
qualify
clearly
established
pretrial
stage
litigation
construe
record
light
favorable
party
seeking
avoid
summary
disposition
gomez
matsushita
elec
industrial
zenith
radio
opposition
summary
judgment
gomez
presented
evidence
navy
authorized
campbell
send
text
messages
individuals
opted
receive
solicitations
app
navy
representative
noted
importance
ensuring
message
recipient
list
kosher
recipients
consented
receiving
messages
like
recruiting
text
made
clear
navy
relied
campbell
representation
list
compliance
app
see
also
ibid
noting
campbell
encouraged
navy
use
list
order
meet
national
local
law
requirements
short
current
record
reveals
basis
arguing
gomez
right
remain
doubt
campbell
complied
navy
instructions
overlook
subcontractor
mindmatics
campbell
dispatched
navy
recruiting
message
unconsenting
recipients
federal
communications
commission
ruled
federal
principles
agency
vicarious
liability
tcpa
violations
joint
petition
filed
dish
network
llc
fcc
rcd
ninth
circuit
deferred
ruling
cause
question
campbell
vicarious
liability
mindmatics
conduct
however
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company
petitioner
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gomez
writ
certiorari
appeals
ninth
circuit
january
justice
thomas
concurring
judgment
correctly
concludes
offer
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claim
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smith
already
llc
nike
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find
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judgment
roberts
dissenting
company
petitioner
jose
gomez
writ
certiorari
appeals
ninth
circuit
january
chief
justice
roberts
justice
scalia
justice
alito
join
dissenting
case
straightforward
jose
gomez
alleges
marketing
firm
campbell
sent
text
messages
without
permission
requests
relief
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consumer
protection
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consumers
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principle
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government
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ky
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fully
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president
george
washington
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letter
chief
justice
john
jay
associate
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asking
opinion
rights
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respect
war
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france
politely
firmly
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jay
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defendant
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stake
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camreta
greene
plaintiff
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stake
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sue
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alleged
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files
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controversy
purposes
article
iii
defendant
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need
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interests
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ante
quoting
genesis
healthcare
symczyk
kagan
dissenting
slip
concludes
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california
san
pablo
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state
california
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suit
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company
back
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chicago
police
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already
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nike
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nike
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nike
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already
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majority
correct
gomez
accept
campbell
settlement
legal
nullity
matter
contract
law
question
however
whether
contract
whether
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controversy
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defendant
willing
give
plaintiff
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essential
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courts
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last
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quotation
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society
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quotation
marks
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found
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gomez
full
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although
gomez
nonetheless
wants
continue
litigating
issue
plaintiff
wants
federal
courts
may
courts
decide
whether
party
continues
requisite
personal
stake
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dismiss
case
moot
today
takes
important
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away
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courts
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plaintiff
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limited
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majority
holds
offer
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say
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deposited
offered
funds
district
see
ante
leaves
question
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day
assuming
plaintiffs
like
gomez
wo
take
yes
answer
alito
dissenting
company
petitioner
jose
gomez
writ
certiorari
appeals
ninth
circuit
january
justice
alito
dissenting
join
chief
justice
dissent
agree
defendant
may
extinguish
plaintiff
personal
stake
pursuing
claim
offering
complete
relief
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even
plaintiff
spurns
offer
article
iii
precedents
make
clear
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