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January 18, 2019
James D. Garbolino

Monzon v. De La Roca, 2018 U.S. App. LEXIS 34763 (3d Cir. Dec. 7, 2018)

Commencement of Proceedings Defined | Article 12 Defense | Settlement

January 18, 2019
James D. Garbolino

Fernandez v. Bailey, 909 F.3d 353 (11th Cir. 2018)

Article 18 Discretion to Return Child | Settlement | Repeated Abductions

Article 18 of the1980 Hague Convention provides that “[t]he provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.” This case examines the parameters of the court’s discretion to order a child returned to his or her habitual residence despite an abducting parent’s successful establishment of an Article 12 defense.

May 31, 2018
Catherine R. Borden

This pocket guide is designed for transferee judges managing MDL proceedings that involve multiple, related class actions.

The guide assists transferee judges from the very beginning of MDL proceedings, before the judges determine whether the main focus of the litigation will be on class-related issues. Even if no class is ultimately certified, this guide can help transferee judges organize the litigation and set it on a smooth course. Topics addressed include categorization of claims and defenses, organization of counsel, the sequencing of motions practice, and settlement.

October 24, 2017

This page includes a motion, objections thereto, related briefs, and an order/opinion regarding the applicability of Bankruptcy Rule 9019 to settlements in the Chapter 9 case. Rule 9019 provides, “[o]n motion by the trustee and after notice and a hearing, the court may approve a compromise or settlement.” This court determined that a Chapter 9 debtor does not need to seek approval of settlements reached during the Chapter 9 case.

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:
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April 20, 2017
James D. Garbolino

Margain v. Ruiz-Bours, 592 F. App’x 619 (9th Cir. 2015) (unpublished opinion)

Acclimatization and Settlement | Equitable Tolling

This case deals with the 1980 Hague Convention’s Article 12 defense: if the child has become settled in his or her new environment and the petition for return of the child is filed more than one year from the date of the wrongful removal or retention, the court may deny the return of the child.

Facts

March 5, 2016
James D. Garbolino

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

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

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.

Downloadable file:
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January 1, 2009
Barbara J. Rothstein, Thomas E. Willging

This pocket guide is designed to help federal judges manage the increased number of class action cases filed in or removed to federal courts as a result of the Class Action Fairness Act of 2005 (CAFA). This second edition includes a new section on determining federal jurisdiction that incorporates case-management practices and judicial interpretations of CAFA.

Downloadable file:
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