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W.D. Tenn.

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Shelby Advocates for Valid Elections v. Hargett (Thomas L. Parker, W.D. Tenn. 2:18-cv-2706)
A district judge denied immediate relief from the use of digital electronic voting machines that did not provide a paper record of votes. The judge did not find use of such machines fundamentally unfair. Nearly a year later, the judge dismissed an amended complaint as no more than a generalized grievance.
Subject: Voting procedures. Topics: Voting technology; early voting.

One of many Case Studies in Emergency Election Litigation.

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Ford v. Beavers (Bernice B. Donald, W.D. Tenn. 2:06-cv-2031)
On the day before a state senate was expected to void a senator’s election to the senate by a very close special election because of concerns that some votes were fraudulent, a federal district judge enjoined senate action on the matter pending a hearing in a federal case filed by the newly elected senator and three voters who voted for her. Following a hearing, the judge issued a declaratory judgment in the plaintiffs’ favor. The senate subsequently removed the senator from office, but at the end of the session the judge enjoined the naming of an interim replacement. The senator won the seat again at the next election, an appeal was deemed moot, and the judge awarded the plaintiffs $117,263 in attorney fees, costs, and expenses.
Subject: Voting irregularities. Topics: Election errors; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

The Patent Pilot Program (PPP), a ten-year pilot program addressing the assignment of patent cases in certain U.S. district courts, was established on January 4, 2011, by Pub. L. No. 111-349. At the request of the Judicial Conference’s Committee on Court Administration and Case Management, the Federal Judicial Center has been studying the PPP since the program's inception. This midpoint report presents key findings from the first five years of the program, gathering data for all patent cases filed on or after the individual PPP start date designated by each of the 13 current pilot courts through January 5, 2016. In that time, just over 12,000 patent cases were filed in the participating pilot districts.

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Tigrett v. Cooper (S. Thomas Anderson, W.D. Tenn. 2:10-cv-2724)
A federal complaint alleged vote dilution in a dual-majority requirement for a 2010 referendum on the consolidation of city and county governments. An agreed preliminary injunction enjoined certification of the forthcoming referendum results and required referendum votes in the county to be counted separately for voters within and outside the city. Although the referendum failed, the district judge determined that the case was not moot. In 2014, the judge granted summary judgment against the plaintiffs. Disagreeing on the mootness question, the court of appeals dismissed the appeal.
Topics: Ballot measure; equal protection; section 2 discrimination; enjoining certification; ballot segregation; intervention.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Operation Rainbow-Push, Inc. v. Shelby County Election Commission (Jon P. McCalla, W.D. Tenn. 2:06-cv- 2451)
A municipality removed a state-court action challenging an election to a commission because the members were to be selected from districts but elected at large. Observing the potential impact on candidates for other offices in the election, the district judge denied the plaintiffs immediate relief.
Topics: Enjoining elections; section 2 discrimination; equal protection; intervention; removal.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

This report summarizes the results of a Center survey of district court judges to assess the frequency with which jurors used social media to communicate during trials and deliberations in the past two years, and to identify strategies for curbing this behavior. The survey was conducted at the request of the Judicial Conference Committee on Court Administration and Case Management. The survey also assessed the frequency with which attorneys use social media to conduct research on potential jurors during voir dire. The survey is a follow-up to one conducted in 2011 on jurors’ use of social media; attorneys’ use of social media was not addressed in the original survey.

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Report to the Advisory Committee on Criminal Rules regarding the proposal to amend Rule 12.2. Procedures governing court-ordered mental examinations are presented as they have been implemented in a sample of districts with extensive death penalty experience.

Archival Copy on File

Clerk of the Court Robert R. Di Trolio forwards the 1994 Periodic Assessment of the Western District of Tennessee's dockets to Philip R. Argetsinger of the Administrative Office and Donna Stienstra of the Federal Judicial Center

Archival Copy on File

Linda Casey forwards an analysis of the features of district cost and delay reduction plans for 22 districts

Archival Copy on File

Abel J. Mattos updates Mark D. Shapiro on the progress and recommendations of each Circuit Review Committee regarding Civil Justice Expense and Delay Reduction Plan

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