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Civil Litigation & Procedure

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Contains
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James D. Garbolino
February 17, 2023

Grave Risk | Domestic Violence | Effect of Asylum Grant | Zone of War or Famine | Inability of Local Courts to Fairly Adjudicate Custody Case

James D. Garbolino
February 9, 2023

Grave Risk Defense | Child’s Objection to Return | Role of Trial Court

In this case, after being left in the father’s care for two years, a child was removed from Brazil by his maternal aunt and taken to Massachusetts to live with his mother.

James D. Garbolino
November 17, 2022

Grave Risk | Exercise of Custody Rights | Undertakings | Ameliorative Measures

James D. Garbolino
November 17, 2022

Motion to Set Aside

In this case, a motion to set aside judgment under Rule 60(b) was denied for failure to raise material disputed fact. The party must show evidence of a disputed material to support a motion to set aside a judgment based on newly discovered evidence.

James D. Garbolino
November 17, 2022

Habitual Residence | Standard Appellate Review

James D. Garbolino
November 17, 2022

Habitual Residence | Summary Dispositions

In this case, the Sixth Circuit reviewed an habitual residence finding, applying the totality of the circumstances.

Holding

James D. Garbolino
November 16, 2022

Younger Abstention | Exceptions to Abstention

James D. Garbolino
November 16, 2022

Grave Risk | Objection of the Child

James D. Garbolino
November 16, 2022

Objection of the Child | Manner of Hearing | Wishes vs. Objections | Immigration Status and Settlement

James D. Garbolino
November 16, 2022

Grave Risk | Domestic Violence | Discovery | Experts | Findings

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