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· 11/7/2007

Libertarian Party of NM v. Herrera

Citations

  • 506 F.3d 1303
  • 69 Fed. R. Serv. 3d 417
  • 2007 U.S. App. LEXIS 25969
  • 2007 WL 3276851

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • describing the balancing test set forth in Anderson v. Celebrezze as involving a \highly fact specific inquiry\
  • requiring the nonmovant, upon a “prima facie demonstration of the absence of a genuine issue of material fact and entitlement to judgment as a matter of law,” to “set forth specific facts from which a rational trier of fact could find for the nonmovant”
  • “facts must be identified by reference to affidavits, deposition transcripts, or specific exhibits incorporated therein.”
  • once moving 22 party meets its burden, “the burden then shifts to the nonmovant to set forth specific facts from which a rational trier of fact could find for the nonmovant”
  • minor party candidates not put on ballot for lack of sufficient petition signatures
  • “Even though the case for an injunction became moot after the election date had passed, the principal controversy—whether the New Mexico ballot access scheme for minor party candidates is constitutional— continues to affect the Libertarian Party.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, Brorby, McConnell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.