OXY USA Inc. v. Schell

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether the fact that a pending appeal “played no significant role” in an appellant's voluntary conduct mooting a case, Alvarez v. Smith, is entitled to controlling weight in determining whether a lower court judgment should be vacated, as a majority of courts of appeals have held; or whether a party must make an additional showing of compelling circumstances warranting vacatur, as the 10th Circuit held in this case.