Lawyers Battle Hurricane Sandy

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It's Monday, October 29 in mid-afternoon, and that's the New York Stock Exchange behind me. It's closed today, as is almost every law firm from Washington to Boston, as the east coast awaits the worst of Hurricane Sandy coming ashore later tonight.

But down i-95 in Wilmington, Delaware, there's a case that just won't wait for the skies to clear. It's a battle over who will appear on the November 6 ballot for a State Senate See more +

It's Monday, October 29 in mid-afternoon, and that's the New York Stock Exchange behind me. It's closed today, as is almost every law firm from Washington to Boston, as the east coast awaits the worst of Hurricane Sandy coming ashore later tonight.

But down i-95 in Wilmington, Delaware, there's a case that just won't wait for the skies to clear. It's a battle over who will appear on the November 6 ballot for a State Senate seat.

Earlier this month, Republican candidate Eric Bodenweiser dropped out of the race days before he was arrested on charges of sexually abused a juvenile in the late 1980s. He denies the charges. The Democratic and Republican parties are now battling over whether he can be replaced on the ballot.

As the storm's outer bands began to arrive Sunday night, lawyers at Wilmington's Young Conaway, representing the Democratic Party, were hard at work. They filed a motion for a stay in Delaware Chancery Court and had two hearings. When they lost, they filed an appeal to the Delaware Supreme Court and an 11-page memorandum of law.

All the while, they were arranging a backup plan in case they lost power and couldn't electronically file their documents. And they were helping their counterparts at the State Attorney General's office, who represent state elections officials, because the state's computer servers went down Sunday night.

Once the Republican Party's lawyers at the law firm Saul Ewing file their paperwork, the parties expect another hearing either later tonight or tomorrow.

Hurricane Sandy is expected to slam into the coast just a big north of Wilmington, but all the lawyers involved in this elections case are proving they won't let a little rain and wind get in the way of their case. See less -

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