Civil Litigation & Procedure

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Case Commentary: J.C.C. v. L.C., No. 20-3289, 2022 U.S. App. LEXIS 8498 (3d Cir. Mar. 31, 2022)

James D. Garbolino

February 17, 2023

Child’s Objection to Return

Case Commentary: Salame v. Tescari, 29 F.4th 763 (6th Cir. 2022)

James D. Garbolino

February 17, 2023

Grave Risk | Domestic Violence | Effect of Asylum Grant | Zone of War or Famine | Inability of Local Courts to Fairly Adjudicate Custody Case

Case Commentary: Vieira v. De Souza, 22 F.4th 304 (1st Cir. 2022)

James D. Garbolino

February 9, 2023

Grave Risk Defense | Child’s Objection to Return | Role of Trial Court

In this case, after being left in the father’s care for two years, a child was removed from Brazil by his maternal aunt and taken to Massachusetts to live with his mother.

Case Commentary: Saada v. Golan, 833 Fed. App'x 829 (2d Cir. 2021)

James D. Garbolino

November 17, 2022

Motion to Set Aside

In this case, a motion to set aside judgment under Rule 60(b) was denied for failure to raise material disputed fact. The party must show evidence of a disputed material to support a motion to set aside a judgment based on newly discovered evidence.

Case Commentary: Douglas v. Douglas, No. 21-1335, 2021 WL 4286555 (6th Cir. Sept. 21, 2021)

James D. Garbolino

November 17, 2022

Habitual Residence | Summary Dispositions

In this case, the Sixth Circuit reviewed an habitual residence finding, applying the totality of the circumstances.

Holding

Case Commentary: Harm v. Lake-Harm, 16 F.4th 450 (5th Cir. 2021)

James D. Garbolino

November 17, 2022

Habitual Residence | Standard Appellate Review

Case Commentary: Jones v. Fairfield (In re ICJ), 13 F.4th 753 (9th Cir. 2021)

James D. Garbolino

November 17, 2022

Grave Risk | Exercise of Custody Rights | Undertakings | Ameliorative Measures

Case Commentary: Radu v. Shon, 11 F.4th 1080 (9th Cir. 2021)

James D. Garbolino

November 16, 2022

Ameliorative Measures | Undertakings | Office of Children’s Issues | Grave Risk | Foreign Law

Case Commentary: Dawson v. Dylla, No. 21-1225, 2021 WL 5232251 (10th Cir. Nov. 10, 2021)

James D. Garbolino

November 16, 2022

Younger Abstention

A parent sought an order compelling a federal court to modify and enforce the custody decision of a state court.

Holding

Case Commentary: Golan v. Saada, 142 S. Ct. 1880 (2022)

James D. Garbolino

November 16, 2022

Grave Risk | Ameliorative Measures | Discretion to Return

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Civil Litigation & Procedure

Case Commentary: J.C.C. v. L.C., No. 20-3289, 2022 U.S. App. LEXIS 8498 (3d Cir. Mar. 31, 2022)

Case Commentary: Salame v. Tescari, 29 F.4th 763 (6th Cir. 2022)

Case Commentary: Vieira v. De Souza, 22 F.4th 304 (1st Cir. 2022)

Case Commentary: Saada v. Golan, 833 Fed. App'x 829 (2d Cir. 2021)

Case Commentary: Douglas v. Douglas, No. 21-1335, 2021 WL 4286555 (6th Cir. Sept. 21, 2021)

Case Commentary: Harm v. Lake-Harm, 16 F.4th 450 (5th Cir. 2021)

Case Commentary: Jones v. Fairfield (In re ICJ), 13 F.4th 753 (9th Cir. 2021)

Case Commentary: Radu v. Shon, 11 F.4th 1080 (9th Cir. 2021)

Case Commentary: Dawson v. Dylla, No. 21-1225, 2021 WL 5232251 (10th Cir. Nov. 10, 2021)

Case Commentary: Golan v. Saada, 142 S. Ct. 1880 (2022)

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