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Civil Litigation & Procedure

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June 1, 2018
Melissa J. Whitney

Science tutorials have developed as a tool to assist judges in managing cases that involve complex science and technology. Such tutorials provide an early opportunity for the court to learn and ask questions about relevant science and technology outside the context of motion practice. Courts should consider holding science tutorials in cases that involve recent scientific findings or newer technologies, where scientific assertions are central to claims or defenses, or when scientific or technological information is likely to play a large role in later dispositive motions.

Downloadable file:
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 22, 2018

PUBLIC LAW 101-650 — DEC. 1, 1990

104 STAT. 5089, 101st Congress

An Act To provide for the appointment of additional Federal circuit and district judges, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Judicial Improvements Act of 1990".


May 22, 2018

Manual for Litigation Management and Cost and Delay Reduction
Judicial Conference of the United States, 1992, 351 pages
Prepared in response to a mandate of the Civil Justice Reform Act of 1990, the manual offers judges an arsenal of management techniques for every phase of civil litigation. It includes forty-three sample forms experienced judges have found useful in their courts as well as an overview of case-management theory and practice.

April 26, 2018

This package of materials was transmitted to Congress on April 26, 2018, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

Amendments to the Federal Rules of Practice and Procedure are as follows:

March 14, 2018
James D. Garbolino

Soto v. Contreras, 880 F.3d 706 (5th Cir. 2018)

Domestic Violence | Grave Risk

In this case, the Fifth Circuit evaluated whether the district court’s finding that there was a lack of “objective evidence” to support abuse allegations impermissibly increased mother’s burden to prove a grave risk, and whether the existence of spousal abuse requires a finding of grave risk to a child.


March 14, 2018
James D. Garbolino

Taglieri v. Monasky, 876 F.3d 868 (6th Cir. 2017)

Habitual Residence | Infants | Custody Rights | Grave Risk and Domestic Violence

This case dealt with the question of what standard to apply when determining the habitual residence of an infant who has lived in only one location prior to wrongful removal.

February 13, 2018
James D. Garbolino

Madrigal v. Tellez, 848 F.3d 669 (5th Cir. 2017)

Return Orders | Enforcement | Place of Return

This case involves consideration of motions filed by both parents to modify and vacate the order of return. At the time of the hearing on the motions, the children had been returned to their habitual residence, Mexico.


February 12, 2018
James D. Garbolino

Padilla v. Troxell, 850 F.3d 168 (4th Cir. 2017)

Defenses | Consent – Facts Supporting Consent

This case involves whether mother consented to the removal of the child from Mexico to the United States. The opinion focuses upon the sufficiency of the facts supporting the defense of consent and the district court’s credibility findings.


February 12, 2018
James D. Garbolino

Ahmed v. Ahmed, 867 F.3d 682 (6th Cir. 2017)

Habitual Residence | Especially Young Children | Infants

The Sixth Circuit expanded the habitual residence standard to allow consideration of shared parental intent in cases involving especially young children who lack sufficient capacity to acclimate to any residence.



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