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Jurisdictional Issues

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December 31, 2018
David P. Stewart

This guide provides an overview of the Foreign Sovereign Immunities Act of 1976. It is intended as a practical introduction for those who have little knowledge of or experience with the statute. The guide focuses on the basic legal issues U.S. courts face when handling cases that arise under the statute.

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.

Downloadable file:
PDF icon Download 48 pages
April 18, 2017
James D. Garbolino

Custodio v. Samillan, 842 F.3d 1084 (8th Cir. 2016)

Child’s Objection to Return | Mootness

The 1980 Convention ceases to apply to a child who reaches the age of sixteen during Convention proceedings, even if the petition for return was filed before the child turned sixteen. A mature child’s objection to return may be based on issues also relevant to a custody proceeding.

Facts

December 30, 2016
David Nersessian

The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law.

June 14, 2016
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Smith v. Husted (George C. Smith, S.D. Ohio 2:16-cv-212)

Downloadable file:
PDF icon Case Study 1 page
March 9, 2016

Do the doctrines of abstention and removal apply to Hague Convention cases?

The International Child Abduction Remedies Act (ICARA), 22 U.S.C. §§ 9001 et seq., provides for original concurrent jurisdiction in both federal and state courts.1 Dual jurisdiction allows issues to be raised about the interface between federal and state courts, including abstention and removal.

Three types of abstention have been addressed in the cases:

Downloadable files:
March 5, 2016
James D. Garbolino

Sanchez v. R.G.L., 761 F.3d 495 (5th Cir. 2014)

Unaccompanied Alien Children | Standing to Appeal

Facts

February 25, 2016
James D. Garbolino

This is my first Hague Convention case. What do I do?

1. What amounts to a prima facie case for return?

The 1980 Hague Convention provides that the court shall order a child’s physical return to his or her habitual residence where a child 

    •   is under age of sixteen and
    •   has been wrongfully removed 
    •   from his or her habitual residence 
    •   in violation of the custody rights of the left-behind parent.

The burden of proof for the prima facie case is a preponderance of the evidence.

Downloadable files:
PDF icon First Case 4 pages
Microsoft Office document icon First Case 4 pages
February 2, 2016
James D. Garbolino

Chafin v. Chafin, 133 S. Ct. 1017 (2013)

Mootness | Stays | Expeditious Handling

Downloadable file:
January 20, 2016
James D. Garbolino

Redmond v. Redmond, 724 F.3d 729 (7th Cir. 2013)

Order Compelling Parent to Return | Recognition or Enforcement of Custody Orders | No Retroactive Wrongful Retention | Habitual Residence

Redmond reiterates the principle that the 1980 Hague Convention is not a vehicle for settling juris­dic­tional disputes regarding competing custody orders and explores in detail the question of habitual residence.

Facts

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