United States Sixth Circuit
State of Ohio v. Brunner, 084585
In a per curiam decision regarding a potential defect in 1000 county provisional ballots, district court decisions holding that under state law the ballots should be counted is vacated and remanded where: 1) the defendant-secretary of state failed to carry her burden of demonstrating that the claimants' state-law claim necessarily presented a substantial federal question that warranted removal to federal court; 2) no federal claims were asserted; and 3) the case did not present one of the "limited circumstances" where "a defendant may force a plaintiff into federal court despite the plaintiff-s desire to proceed in state court".
Appellate Information
- Decided 11/25/2008
- Published 11/25/2008
Judges
Court
- United States Sixth Circuit