Civil Litigation & Procedure

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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: 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: 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: 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

Case Commentary: Monasky v. Taglieri, 140 S. Ct. 719 (2020)

James D. Garbolino

March 12, 2020

Habitual Residence: Standards for Initial Determination and Appellate Review

The United States Supreme Court resolved a circuit split on the issue of habitual residence and set forth the standard for appellate review.

Holdings

Case Commentary: Pfeiffer v. Bachotet, 913 F.3d 1018 (11th Cir. 2019)

James D. Garbolino

November 6, 2019

Custody Rights | Habitual Residence

Facts

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Civil Litigation & Procedure

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

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: 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: 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)

Case Commentary: Monasky v. Taglieri, 140 S. Ct. 719 (2020)

Case Commentary: Pfeiffer v. Bachotet, 913 F.3d 1018 (11th Cir. 2019)

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