Suppose there's an interference tort (trespass/conversion) filed in federal court, and there is a jurisdictional requirement that the plaintiff be seeking injunctive relief (both parties are based in the same state). Suppose that after the claim and motion to dismiss are submitted, the chattel that the plaintiff is seeking injunctive relief for is surrendered to the plaintiff by the defendant. Assuming there is no other injunctive relief sought, can an amendment be filed to the effect that the prayer for relief is moot, to challenge the jurisdiction?

Put very broadly, does the "time-of-filing" rule apply in the situation of requests for injunctive relief?

I'm not an expert, I hope I asked the question correctly. Thanks!

  • If there is some judicial discretion in the matter, what would be the standard example(s)? Especially, this claim has already been dismissed once, so in such cases is there precedent for what I'm talking about actually working? Here the chattel is a computer, if that's relevant. Aug 23, 2021 at 21:41


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