Civil Litigation & Procedure

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Case Commentary: Da Silva v. De Aredes, 953 F.3d 67 (1st Cir. 2020)

James D. Garbolino

May 5, 2020

Defenses | Settlement and Immigration Status | Grave Risk | Motions for New Trial

Case Commentary: Berenguela-Alvarado v. Castanos, 950 F.3d 1352 (11th Cir. 2020)

James D. Garbolino

May 4, 2020

Factual Error | Burden of Proof

Amendments to the Federal Rules of Practice and Procedure 2020—Transmittal to Congress

April 27, 2020

This package of materials was transmitted to Congress on April 27, 2020, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2020.

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

Case Commentary: Saada v. Golan, 930 F.3d 533 (2nd Cir. 2019)

James D. Garbolino

March 23, 2020

Grave Risk | Court’s Discretion to Return | Undertakings | Habitual Residence

Case Commentary: Takeshi Ogawa v. Kyong Kang, 946 F.3d 1176 (10th Cir. 2020)

James D. Garbolino

March 23, 2020

Custody Rights^{^[1]}

Case Commentary: Watts v. Watts, 935 F.3d 1138 (10th Cir. 2019)

James D. Garbolino

March 23, 2020

Habitual Residence | Parental Intent | Acclimatization | Time-Limited Relocations

Case Commentary Update: Taglieri v. Monasky, 907 F.3d 404 (6th Cir. 2018)

James D. Garbolino

March 23, 2020

Habitual Residence

Case Commentary: Eidem v. Eidem, No. 19-1417, 2019 U.S. App. LEXIS 36488 (2d Cir. Dec. 10, 2019)

James D. Garbolino

March 20, 2020

Grave Risk | Quality of Medical Care in Habitual Residence | Interruption of the Course of Counseling | Credibility

Case Commentary: Pope v. Lunday, No. CIV-19-01122-PRW, 2019 WL 711615 (W.D. Okla. Dec. 23, 2019)

James D. Garbolino

March 20, 2020

Habitual Residence

This case explored the question of whether a parental agreement reached while the children were in utero could establish habitual residence in a place where the children had never been.

Holding

Case Commentary: Abou-Haidar v. Vazquez, 945 F.3d 1208 (D.C. Cir. 2019)

James D. Garbolino

March 13, 2020

Wrongful Retention | Habitual Residence

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Civil Litigation & Procedure

Case Commentary: Da Silva v. De Aredes, 953 F.3d 67 (1st Cir. 2020)

Case Commentary: Berenguela-Alvarado v. Castanos, 950 F.3d 1352 (11th Cir. 2020)

Amendments to the Federal Rules of Practice and Procedure 2020—Transmittal to Congress

Case Commentary: Saada v. Golan, 930 F.3d 533 (2nd Cir. 2019)

Case Commentary: Takeshi Ogawa v. Kyong Kang, 946 F.3d 1176 (10th Cir. 2020)

Case Commentary: Watts v. Watts, 935 F.3d 1138 (10th Cir. 2019)

Case Commentary Update: Taglieri v. Monasky, 907 F.3d 404 (6th Cir. 2018)

Case Commentary: Eidem v. Eidem, No. 19-1417, 2019 U.S. App. LEXIS 36488 (2d Cir. Dec. 10, 2019)

Case Commentary: Pope v. Lunday, No. CIV-19-01122-PRW, 2019 WL 711615 (W.D. Okla. Dec. 23, 2019)

Case Commentary: Abou-Haidar v. Vazquez, 945 F.3d 1208 (D.C. Cir. 2019)

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