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Jurisdictional Issues

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January 20, 2016
James D. Garbolino

Lops v. Lops, 140 F.3d 927 (11th Cir. 1998)

Abstention | Child Well Settled | Equitable Estoppel | Delay

This case involves the lapse of a substantial period of time between the disappearance of the children and their discovery, and addresses the issue of active concealment by the abducting parent. Although the court did not specifically discuss the issue of equitable estoppel, return of the children was ordered due to father’s fraudulent conduct—conduct that negated a finding that the children were well settled.

January 19, 2016
James D. Garbolino

Barzilay v. Barzilay (Barzilay I), 536 F.3d 844 (8th Cir. 2008)
Barzilay v. Barzilay (Barzilay II), 600 F.3d 912 (8th Cir. 2010)

Abstention | Habitual Residence

Abstention is not appropriate in a Hague case if the prior proceeding did not include the opportunity to litigate the Hague Treaty issues. The Barzilay cases also explain that it is the actual circumstances of a child’s life that establish habitual residence, not the wishes of a party.

January 19, 2016
James D. Garbolino

Smedley v. Smedley, 772 F.3d 184 (4th Cir. 2014)

Comity

Facts

December 15, 2015
James D. Garbolino

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a treaty that governs judicial proceedings that are brought seeking orders for the prompt physical return of children who have been wrongfully taken or kept away from their "habitual residence." The treaty is in force between the United States and seventy-three other countries. State and federal courts have original concurrent jurisdiction to hear cases under the 1980 Convention.

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October 1, 2015
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Browne v. Bayless (Robert C. Broomfield, D. Ariz. 2:00-cv-1774)

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PDF icon Case Study 2 pages
February 23, 2015
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February 5, 2015
S. I. Strong

Published by the Press of the People's Court (Beijing)

Translator: Maggie Shen

Acknowledges the Federal Judicial Center as publisher of the original work. The Federal Judicial Center cannot vouch for the accuracy of the translation.

Article title: not provided

Journal title: not provided

Date: PDF created 2/5/2015. Cover dated January 2014-1.

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October 8, 2014
Martin A. Schwartz

Section 1983 Litigation (Third Edition) analyzes the large number of recurring issues that arise in litigation under 42 U.S.C. § 1983. This monograph contains new sections on discovery, Bivens claims, new material on stops and searches, and model jury instructions. It includes case law from the October 2013 Supreme Court term ending June 30, 2014, and major courts of appeals and select district court decisions reported through June 30, 2014.

Out-of-print September 2016; no future editions of this title are currently planned.

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September 20, 2013

A clearinghouse for information on the coordination and management of related cases that are pending simultaneously in both state and federal courts. The website provides useful tips for initiating contact with judges in other jurisdictions regarding related cases, for coordinating discovery across jurisdictional lines, and for managing attorney disputes. It also includes links to a large number of model orders on these and other subjects. This internet site is a joint project by the National Center for State Courts, the U.S.

January 1, 2013

A joint project by the National Center for State Courts, the United States Judicial Panel on Multidistrict Litigation, and the Federal Judicial Center, this pocket guide provides information on the coordination and management of related cases that are pending simultaneously in both state and federal courts. The guide provides useful tips for initiating contact with judges in other jurisdictions regarding related cases, for coordinating discovery across jurisdictional lines, and for managing attorney disputes.

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