U.S. District Courts

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Case Commentary: Madrigal v. Tellez, 848 F.3d 669 (5th Cir. 2017)

James D. Garbolino

February 13, 2018

Return Orders | Enforcement | Place of Return

This case involves consideration of motions filed by both parents to modify and vacate the order of return. At the time of the hearing on the motions, the children had been returned to their habitual residence, Mexico.

Case Commentary: Padilla v. Troxell, 850 F.3d 168 (4th Cir. 2017)

James D. Garbolino

February 12, 2018

Defenses | Consent – Facts Supporting Consent

Case Commentary: Ahmed v. Ahmed, 867 F.3d 682 (6th Cir. 2017)

James D. Garbolino

February 12, 2018

Habitual Residence | Especially Young Children | Infants

The Sixth Circuit expanded the habitual residence standard to allow consideration of shared parental intent in cases involving especially young children who lack sufficient capacity to acclimate to any residence.

Harmonizing the Pre-Litigation Obligation to Preserve Electronically Stored Information in New York State and Federal Courts

July 27, 2017

The Advisory Group to the New York State–Federal Judicial Council analyzed New York State and federal courts’ treatment of prelitigation conduct involving the creation, retention, and destruction of electronically stored information (ESI) to determine whether the courts were consistent and harmon

Mandatory Initial Discovery Pilot Project Checklist for the Northern District of Illinois

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.

Case Commentary: Tann v. Bennett, 648 F. App’x 146 (2d Cir. 2016)

James D. Garbolino

April 21, 2017

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

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

James D. Garbolino

April 21, 2017

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

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

James D. Garbolino

April 20, 2017

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.

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

James D. Garbolino

April 20, 2017

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

Case Commentary: Margain v. Ruiz-Bours, 592 F. App’x 619 (9th Cir. 2015)

James D. Garbolino

April 20, 2017

Acclimatization and Settlement | Equitable Tolling

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U.S. District Courts

Case Commentary: Madrigal v. Tellez, 848 F.3d 669 (5th Cir. 2017)

Case Commentary: Padilla v. Troxell, 850 F.3d 168 (4th Cir. 2017)

Case Commentary: Ahmed v. Ahmed, 867 F.3d 682 (6th Cir. 2017)

Harmonizing the Pre-Litigation Obligation to Preserve Electronically Stored Information in New York State and Federal Courts

Mandatory Initial Discovery Pilot Project Checklist for the Northern District of Illinois

Case Commentary: Tann v. Bennett, 648 F. App’x 146 (2d Cir. 2016)

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

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

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

Case Commentary: Margain v. Ruiz-Bours, 592 F. App’x 619 (9th Cir. 2015)

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