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Contains
Format: 2019
Greater than or equal to
July 26, 2019
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Davis v. Perry (Orlando L. Garcia, W.D. Tex. 5:11-cv-788)

Downloadable file:
PDF icon Case Study 12 pages
June 18, 2019
Robert Timothy Reagan

Common Cause of Georgia v. Kemp (Amy Totenberg, 1:18-cv-5102) and Brown v. Kemp (William M. Ray II, 1:18-cv-5121) (N.D. Ga.)

Downloadable file:
PDF icon Case Study 7 pages
May 22, 2019
Robert Timothy Reagan

League of Women Voters of Pennsylvania v. Pennsylvania (Michael M. Baylson, E.D. Pa. 2:17-cv-5137) and Corman v. Torres (Christopher C. Conner, Kent A. Jordan, and Jerome B. Simandle, M.D. Pa. 1:18-cv-443)

Downloadable file:
PDF icon Case Study 5 pages
November 16, 2018
James D. Garbolino

Taglieri v. Monasky, No. 16-4128, 2018 U.S. App. LEXIS 29178 (6th Cir. Oct. 17, 2018)

Habitual Residence | Infants

This case addressed what standard should be used to determine the habitual residence of an infant who has lived in only one location prior to the its wrongful removal. Father petitioned for return of his six-week-old child to Italy, where child was born and had lived exclusively before mother wrongfully removed the child to the United States.

Facts

February 14, 2017
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Payne v. Fawkes (1:14-cv-53), Hansen v. Fawkes (1:14-cv-55), Bryan v. Fawkes (1:14-cv-66), and O’Reilly v. Board of Elections (1:14-cv-107) (Wilma A. Lewis, D.V.I.)

Downloadable file:
PDF icon Case Study 3 pages
February 10, 2017
Robert Timothy Reagan

Schintzius v. Showalter (John A. Gibney, Jr., E.D. Va. 3:16-cv-740 and 3:16-cv-741)
A case removed to federal court in September sought to get a plaintiff candidate on the November ballot for mayor, claiming that plaintiff ballot petition signers were wrongfully disqualified because they gave their residence addresses instead of their registration addresses under circumstances in which the plaintiffs claimed that the signers could lawfully vote using the old addresses. The district judge denied immediate relief.

Downloadable file:
PDF icon Case Study 2 pages
October 27, 2016
Robert Timothy Reagan

Harris v. Florida Elections Canvassing Commission (4:00-cv-453) and Medina v. Florida Election Canvassing Commission (4:00-cv-459) (Maurice M. Paul, N.D. Fla.)

Downloadable file:
PDF icon Case Study 2 pages
October 11, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Atsaves v. Helander (Virginia M. Kendall, N.D. Ill. 1:08-cv-6199)
A voter registration team removed an action from state court seeking to segregate votes by voters registered by the team for investigation of improper registration. The district judge determined that the case did not present a federal question because the Help America Vote Act did not afford private rights of action, and relief from section 1983 requires willful and wanton conduct, which the plaintiffs had not alleged.

Downloadable file:
PDF icon Case Study 1 page
April 18, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Nelson v. Dean (4:07-cv-427) and Ausman v. Browning (4:07-cv-519) (Robert L. Hinkle, N.D. Fla.)

Downloadable file:
PDF icon Case Study 4 pages
March 9, 2016

Do the doctrines of abstention and removal apply to Hague Convention cases?

The International Child Abduction Remedies Act (ICARA), 22 U.S.C. §§ 9001 et seq., provides for original concurrent jurisdiction in both federal and state courts.1 Dual jurisdiction allows issues to be raised about the interface between federal and state courts, including abstention and removal.

Three types of abstention have been addressed in the cases:

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