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May 31, 2018
Catherine R. Borden

This pocket guide is designed for transferee judges managing MDL proceedings that involve multiple, related class actions.

The guide assists transferee judges from the very beginning of MDL proceedings, before the judges determine whether the main focus of the litigation will be on class-related issues. Even if no class is ultimately certified, this guide can help transferee judges organize the litigation and set it on a smooth course. Topics addressed include categorization of claims and defenses, organization of counsel, the sequencing of motions practice, and settlement.

May 5, 2018
Robert Timothy Reagan

Correll v. Herring (Robert E. Payne, E.D. Va. 3:16-cv-467)
A delegate to a national presidential nominating convention sought an injunction against a state statute that criminalized failure to vote for the state’s primary election winner on the first ballot. The district judge concluded that the statute unconstitutionally infringed on the plaintiff’s right to vote his conscience consistent with party rules.
Subject: Getting on the ballot. Topics: Party procedures; primary election; class action; intervention; laches; attorney fees.

Downloadable file:
PDF icon Case Study 3 pages
June 28, 2017
Jayme J. Herschkopf

This pocket guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.

Downloadable file:
PDF icon Download 48 pages
June 22, 2017
Robert Timothy Reagan

Mullins v. Cole (Robert C. Chambers, S.D. W. Va. 3:16-cv-9918)
A district judge determined that a county clerk’s refusal to accept online voter registrations from the state’s website violated equal protection. The judge issued a preliminary injunction five days after the complaint was filed.
Topics: Registration procedures; equal protection; class action; student registration; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Downloadable file:
PDF icon Case Study 2 pages
December 20, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Boone v. Nassau County Legislature (Joanna Seybert, E.D.N.Y. 2:11-cv-2712)
On the day before a period of collecting ballot petition signatures for a county legislature election, voters filed a federal complaint challenging new district lines. The district judge held preliminary injunction hearings during the following week, but the state high court’s nullification of the district lines mooted the federal case.
Topics: Malapportionment; matters for state courts; section 2 discrimination; case assignment; getting on the ballot; class action.

Downloadable file:
October 18, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

CURE-Ohio v. Blackwell (Sandra S. Beckwith, S.D. Ohio 1:04-cv-543) and Racial Fairness Project v. Summit County Board of Elections (John R. Adams, N.D. Ohio 5:04-cv-1948)

Downloadable file:
PDF icon Case Study 2 pages
August 29, 2016
Robert Timothy Reagan

Campanello v. New York State Board of Elections (Joanna Seybert and Sandra J. Feuerstein, E.D.N.Y. 2:16-cv-1892)
Filed on the day before a presidential primary election, a federal complaint sought to open the parties’ primary elections to voters of all parties as a remedy for allegedly improper purging of party registrations. The district judge on miscellaneous duty denied immediate relief. Following their filing of an amended complaint after the election, the plaintiffs declined to respond to a motion to dismiss the case, and so the assigned judge dismissed the case.

Downloadable file:
PDF icon Case Study 1 page
May 22, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Miller v. Blackwell (Susan J. Dlott, S.D. Ohio 1:04-cv-735)
One week before the 2004 general election, the Democratic Party filed a federal complaint challenging widespread voter registration challenges—approximately 22,000—by the Republican Party based on returned mail. The court enjoined administrative hearings on the challenges through the election. After the election, the plaintiffs dropped the case.
Topics: Registration challenges; intervention; class action; enforcing orders.

Downloadable file:
PDF icon Case Study 2 pages
March 25, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

United States v. Texas (Sam Sparks, W.D. Tex. 1:02-cv-195)
Eighteen days before a federal runoff primary election, the Justice Department sought a court order requiring a state to allow overseas voters to use the federal write-in absentee ballot, as provided by the Uniformed and Overseas Citizens Absentee Voting Act of 1986, and the district court granted the requested immediate relief three days later. A little more than one year later, use of the federal write-in absentee ballot was provided for by state legislation.

Downloadable file:
PDF icon Case Study 1 page
November 10, 2015
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Kleisner v. City of White Sulphur Springs (David A. Faber, S.D. W. Va. 5:03-cv-101)
A motion for a temporary restraining order against a municipal annexation election omitted an affidavit of immediate injury, verification of the complaint, and reference to defendant notice, so the district judge denied the motion. In addition, a state court had already stayed the election.
Topics: Enjoining elections; absentee ballots; ballot measure; matters for state courts; class action.

Downloadable file:
PDF icon Case Study 2 pages

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