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Civil Litigation & Procedure

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June 28, 2017
Jayme J. Herschkopf

This pocket guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.

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May 20, 2017

A checklist itemizing the procedural requirements of the Mandatory Initial Discovery Pilot Project. The checklist is designed to be helpful to judges presiding over pilot cases and to attorneys participating in pilot cases as pilot requirements apply to the initial stages of discovery. The pilot project begins in the Northern District of Illinois, Eastern Division, on June 1, 2017.

May 18, 2017

The Northern District of Illinois has created a specific list of events dedicated to the filing of pleadings under the Mandatory Initial Discovery Pilot Project. The complete list of pilot events are:

April 21, 2017
James D. Garbolino

Tann v. Bennett, 648 F. App’x 146 (2d Cir. 2016) (unpublished opinion)

Child’s Objection to Return

This case deals with whether the in camera testimony of a thirteen-year-old boy can sustain the child’s objection to return.

Facts

April 21, 2017
James D. Garbolino

Pliego v. Hayes, 843 F.3d 226 (6th Cir. 2016)

Intolerable Situation | Courts of Habitual Residence

This case addresses whether an “intolerable situation” under Article 13(b) includes the inability of the courts of the habitual residence to litigate child custody.

Facts

April 20, 2017
James D. Garbolino

Martinez v. Cahue, 826 F.3d 983 (7th Cir. 2016)

Habitual Residence | Custody Rights

This case addresses the fundamental principles of habitual residence and discusses the significance of establishing custody rights and habitual residence when only one parent has the legal right to custody of the child.

Facts

April 20, 2017
James D. Garbolino

Hernandez v. Pena, 820 F.3d 782 (5th Cir. 2016)

Delay Defense | Settlement | Immigration Status

This is a case of first impression in the Fifth Circuit, addressing the meaning of the term settled in the context of a delay defense.

Facts

September 28, 2016
Jefri Wood

This manual provides a practical guide to steps that courts can take before and during litigation to manage nonprisoner pro se litigation more efficiently, steps that may also help pro se litigants better navigate the complexities of federal civil litigation. Part I discusses the concept of procedural fairness and the goal of increasing access to justice; it also addresses some of the potential ethical concerns about providing assistance to pro se litigants.

April 7, 2016
James D. Garbolino, Marcia S. Krieger, Peter J. Messitte

Judge James Garbolino, Judge Marcia Krieger (D. Colo.), and Judge Peter Messitte (D. Md.) discuss the five defenses to an action for return of a child. These five defenses are narrowly defined and require specific standards of proof.

March 5, 2016
James D. Garbolino

Lozano v. Montoya Alvarez, 134 S. Ct. 1224 (2014)

Equitable Tolling | Return Despite Article 12 Defense | Delay | Settlement

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