Civil Litigation & Procedure

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Case Commentary: E.R.S.C. v. Carlwig (In re A.L.C.), 607 Fed. Appx. 658 (9th Cir. 2015)

James D. Garbolino

January 20, 2016

Habitual Residence

Facts

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

James D. Garbolino

January 19, 2016

Abstention | Habitual Residence

Case Commentary: Bader v. Kramer (Bader I), 445 F.3d 346 (4th Cir. 2006), & Bader v. Kramer (Bader II), 484 F.3d 666 (4th Cir. 2007)

James D. Garbolino

January 19, 2016

Rights of Custody

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

James D. Garbolino

January 19, 2016

Comity

Facts

Case Commentary: Mauvais v. Herisse, 772 F.3d 6 (1st Cir. 2014)

James D. Garbolino

January 19, 2016

Habitual Residence | Acclimatization | Grave Risk

Facts

Case Commentary: Marquez v. Castillo, 72 F. Supp. 3d 1280 (M.D. Fla. 2014)

James D. Garbolino

January 19, 2016

Provisional Orders

Facts

The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges, Second Edition [SUPERSEDED]

James D. Garbolino

December 15, 2015

This edition has been superseded by the third edition: The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges, Third Edition.

Discovery in International Civil Litigation: A Guide for Judges

Timothy P. Harkness, Rahim Moloo, Patrick Oh, Charline Yim

December 2, 2015

At an increasing rate, U.S. courts are hearing cases in which parties seek evidence located abroad or parties to a foreign or international proceeding seek evidence located in the United States.

Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Failure to Preserve Electronically Stored Information

Paul W. Grimm

December 1, 2015

Amendments to Federal Rule of Civil Procedure 37(e), which became effective on December 1, 2015, specify that sanctions for failure to preserve electronically stored information (ESI) require findings that (1) the ESI should have been preserved in the anticipation of litigation, (2) the party fai

Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Cooperation

Gene E.K. Pratter

December 1, 2015

An amendment to Federal Rule of Civil Procedure 1, which became effective on December 1, 2015, resulted from a finding that civil litigation is resolved more quickly and less expensively when parties and lawyers cooperate.

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Civil Litigation & Procedure

Case Commentary: E.R.S.C. v. Carlwig (In re A.L.C.), 607 Fed. Appx. 658 (9th Cir. 2015)

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

Case Commentary: Bader v. Kramer (Bader I), 445 F.3d 346 (4th Cir. 2006), & Bader v. Kramer (Bader II), 484 F.3d 666 (4th Cir. 2007)

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

Case Commentary: Mauvais v. Herisse, 772 F.3d 6 (1st Cir. 2014)

Case Commentary: Marquez v. Castillo, 72 F. Supp. 3d 1280 (M.D. Fla. 2014)

The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges, Second Edition [SUPERSEDED]

Discovery in International Civil Litigation: A Guide for Judges

Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Failure to Preserve Electronically Stored Information

Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Cooperation

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