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S.D. Ohio

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October 24, 2012
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Varner v. Husted (Algenon L. Marbley, S.D. Ohio 2:11-cv-748)
A candidate filed a federal complaint claiming that her candidacy petition was wrongfully rejected because she had withdrawn a defective petition. Similar cases were pending before Ohio’s state court, so the district judge set alternate dates for a preliminary injunction hearing, depending upon how promptly the state court ruled. As it turned out, the state court’s ruling was favorable to the federal plaintiff, who ultimately won her election.

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PDF icon Case Study 2 pages
October 9, 2012
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Blankenship v. Blackwell (Edmund A. Sargus, Jr., S.D. Ohio 2:04-cv-965) and Nader v. Blackwell (George C. Smith, S.D. Ohio 2:04-cv-1052)

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PDF icon Case Study 3 pages
October 9, 2012
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Ray v. Franklin County Board of Elections (George C. Smith, S.D. Ohio 2:08-cv-1086)
A voter bedridden and homebound because of diabetes and panic attacks filed a federal action against the county board of elections, claiming that the board had improperly required her to visit the board by the previous day to protect the validity of her absentee ballot. The district judge enjoined the board to make reasonable accommodations to the plaintiff’s disabilities and awarded the plaintiff $16,139.50 in attorney fees and costs.

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PDF icon Case Study 1 page
September 10, 2012
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Van Auken v. Blackwell (Gregory L. Frost, S.D. Ohio 2:04-cv-891)
In 2004, the Socialist Equality Party failed to qualify a presidential candidate in Ohio for the general election and sought emergency relief in federal court. The district court denied immediate relief because the party had not shown that Ohio’s secretary of state had failed to provide a legally required review of their case or that they could not obtain mandamus relief from Ohio’s state courts if merited.
Topics: Getting on the ballot; matters for state courts.

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PDF icon Case Study 1 page
August 28, 2012
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Schering v. Blackwell (Michael H. Watson, S.D. Ohio 1:04-cv-755)
On election day 2004, a voter filed a federal action challenging a directive by Ohio’s secretary of state on the handling of provisional ballots. After an informal status conference, the plaintiff decided not to pursue immediate relief.
Topic: Provisional ballots.

One of many Case Studies in Emergency Election Litigation.

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PDF icon Case Study 1 page
August 27, 2012
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Rios v. Blackwell (James G. Carr, N.D. Ohio 3:04-cv-7724), Ohio ex rel. Yost v. National Voting Rights Institute (Edmund A. Sargus, S.D. Ohio 2:04-cv-1139), and Delaware County Prosecuting Attorney v. National Voting Rights Institute (James G. Carr, N.D. Ohio 3:05-cv-7286)

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PDF icon Case Study 2 pages
August 17, 2012
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Ohio ex rel. Skaggs v. Brunner (Algenon L. Marbley, S.D. Ohio 2:08-cv-1077)
Ohio’s secretary of state removed a mandamus action from Ohio’s supreme court concerning validity requirements for provisional ballots. The case was assigned to a judge who was already presiding over related cases. The judge granted summary judgment to the state, but the court of appeals ordered the matter referred to the state court, which held the secretary of state’s validity requirements to be too lax. The court of appeals affirmed the district judge’s denial of attorney fees.

Downloadable file:
PDF icon Case Study 2 pages
June 6, 2011
Emery G. Lee

In 2010, the Judicial Conference Advisory Committee on Civil Rules requested a study of motions for sanctions based on an allegation that the nonmoving party had destroyed evidence, especially electronically stored information (ESI). The study examined the electronic docket records of civil cases filed in 2007–2008 in 19 districts, including at least one district in every circuit except the District of Columbia Circuit. This report summarizes the findings of that study and, where appropriate, compares those findings to other studies.

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