Kansas ex rel. Kansas Department for Children & Families v. SourceAmerica

Before considering the merits, we must decide whether this appeal has become moot. Early in the litigation, the parties knew that the merits would be decided in arbitration, but the plaintiff (the Kansas Department for Children and Families) wanted interim relief prior to the arbitration decision. So, the plaintiff sued in federal court for a preliminary injunction pending the arbitration decision. The district court granted the preliminary injunction, and two defendants (SourceAmeriea and Lakeview)1 appealed. During the pen-dency of the appeal, the arbitration panel decided in favor of the…