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N.D.N.Y.

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Napierski v. Guilderland Democratic Committee (Glenn T. Suddaby, N.D.N.Y. 1:18-cv-846)
A district judge denied relief to a prospective candidate who challenged the plaintiff’s party picking nominees for local offices using a caucus instead of a primary election, as other parties used. Receptive to claims that the caucus would not be adequately accessible to persons with disabilities, however, the judge obtained remedial assurances from the defendants.
Subject: Voting procedures. Topics: Getting on the ballot; party procedures; primary election; enjoining elections; equal protection; recusal; case assignment.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Loeber v. Spargo (Lawrence E. Kahn, N.D.N.Y. 1:04-cv-1193)
A pro se complaint filed a few weeks before the 2004 general election challenged New York districting, among other things. After a hearing on concerns that a United Nations body would oversee New York elections, the district judge dismissed the complaint as speculative and for not naming as defendants parties against whom an injunction would provide the plaintiffs with their desired relief. In 2010, the court of appeals affirmed dismissal of an amended complaint for failure to state a federal cause of action.
Subject: Polling place activities. Topics: Pro se party; malapportionment; Help America Vote Act (HAVA); interlocutory appeal; three-judge court; case assignment.

One of many Case Studies in Emergency Election Litigation.

The Advisory Group to the New York State–Federal Judicial Council completed a best practices document on interpreters in federal and New York state courts that was approved on May 18, 2015 by the New York State–Federal Judicial Council. That document is presented here as part of a set of CLE materials on vulnerable populations. 

The Federal Judicial Center did not contribute to this document. It is presented as an example of work from a state–federal judicial council.

This document is part of Federal and State Court Cooperation, a Special Topic Webpage.

The Advisory Group to the New York State–Federal Judicial Council analyzed New York State and federal courts’ treatment of prelitigation conduct involving the creation, retention, and destruction of electronically stored information (ESI) to determine whether the courts were consistent and harmonious when addressing these issues.

The report contains the group’s findings on the similarities and differences between the current New York State and federal laws that govern the prelitigation duty to preserve ESI, as well as its findings on whether the differences may lead to inconsistent obligations in state and federal courts and on possible resolutions to these inconsistencies.

The Federal Judicial Center did not contribute to this document. It is presented as an example of work from a state–federal judicial council.

This document is part of Federal and State Court Cooperation, a Special Topic Webpage.​

This handbook was developed by the Advisory Group to the New York State and Federal Judicial Council to provide readily accessible guidance to attorneys working on cases in the U.S. Court of Appeals for the Second Circuit who face the possibility that their clients or other parties may request the federal court to refer state law issues to the New York Court of Appeals or the possibility that the Second Circuit may certify state law questions sua sponte.

The Federal Judicial Center did not contribute to this document. It is presented as an example of work from a state–federal judicial council.

This document is part of Federal and State Court Cooperation, a Special Topic Webpage.​

In 2016, the New York State–Federal Judicial Council prepared this report on the coordination of discovery between New York state and federal courts. 

The Federal Judicial Center did not contribute to this document. It is presented as an example of work from a state–federal judicial council. 

This document is part of Federal and State Court Cooperation, a Special Topic Webpage.

Available Online Only

Sloan v. Kellner (Mae A. D’Agostino, N.D.N.Y. 1:14-cv-1071)
The district court denied an injunction putting plaintiffs on a primary election ballot on the merits and because of issue preclusion.
Topics: Getting on the ballot; matters for state courts; pro se party; primary election; interlocutory appeal.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Willingham v. County of Albany (Norman A. Mordue, 1:04-cv-369) and Hoblock v. Albany County Board of Elections (Lawrence E. Kahn, 1:04-cv-1205) (N.D.N.Y.)
A federal complaint sought an emergency injunction against absentee ballot fraud in an ongoing special election cycle, but the district judge determined that the plaintiffs did not establish a need for immediate federal relief beyond the relief being provided by the state court. At the end of approximately three years of litigation, the case was resolved by consent decrees. Meanwhile, a different federal judge in the same district resolved a dispute over the counting of some absentee ballots by overruling the state’s high court’s rejection of absentee ballots cast by voters who received them because of errors by the election board.
Topics: Absentee ballots; matters for state courts; case assignment; primary election; enjoining certification; class action; attorney fees; intervention; malapportionment.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Kehoe v. Casadei (Thomas J. McAvoy, N.D.N.Y. 6:11-cv-408)
Members of a city’s party committee filed a federal complaint challenging the elimination of weighted voting, which weighted members’ votes for endorsements by the number of party members each represented. The district judge issued a temporary restraining order against the change, and the case settled two years later with a return to weighted voting.
Subject: Voting procedures. Topics: Party procedures; class action; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Hinkleman v. New York State Board of Elections (David N. Hurd, N.D.N.Y. 5:08-cv-207)
The district judge declined to resolve an interparty dispute over who would be the party’s nominee in a special legislative election.
Topics: Getting on the ballot; class action; party procedures; matters for state courts; case assignment.

One of many Case Studies in Emergency Election Litigation.

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