In the case of Super Tire Engineering Co. v. McCorkle, 1973, the U.S Supreme Court ruled that a labor dispute does not become moot when a strike ends while an appeal is pending. The court held that such disputes are capable of repetition yet evading review and thus remain justiciable controversies under Article III of the Constitution. The case arose after employees at Super Tire Engineering Company went on strike to protest their working conditions and wages; during this time, state officials provided public assistance benefits to strikers' families which was challenged by the company as illegal aid in support of a labor dispute.

In the dissenting opinion for Super Tire Engineering Co. v. McCorkle, Justice William Rehnquist argued that the case was moot and should not have been decided by the Court. He contended that since the strike at issue had ended before oral arguments were heard, there was no longer a live controversy to be resolved. Furthermore, he disagreed with his colleagues' application of an exception to this rule for situations where disputes are "capable of repetition yet evading review." According to him, this exception did not apply because it wasn't certain or even likely that another similar labor dispute would arise between these parties in future and again result in state food stamp benefits being granted to striking workers.