U.S. Courts of Appeals

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Opinion Affirming Modified Sentence

James H. Wilkinson III

July 15, 2024

Amended Opinion, United States v. Sherifi, No. 22-4317 (4th Cir. July 15, 2024), D.E. 53, 107 F.4th 309.

A Primer on the Jurisdiction of the U.S. Courts of Appeals, Third Edition

Thomas E. Baker

August 3, 2023

This primer is a brief introduction to the complexity and nuance in the subject-matter jurisdiction of the U.S. courts of appeals. It examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals.

Federal–State Court Cooperation: Surveys of U.S. District and U.S. Court of Appeals Chief Judges and State and Territorial Chief Justices and Court Administrators

Jason A. Cantone

May 31, 2023

This report updates the findings of a 2016 survey of U.S. chief district judges regarding their past, current, and future plans for cooperation with the state courts, as well as their use of state–federal judicial councils as a forum for communication between the courts.

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

James D. Garbolino

November 17, 2022

Habitual Residence | Standard Appellate Review

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: 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.

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U.S. Courts of Appeals

Opinion Affirming Modified Sentence

A Primer on the Jurisdiction of the U.S. Courts of Appeals, Third Edition

Federal–State Court Cooperation: Surveys of U.S. District and U.S. Court of Appeals Chief Judges and State and Territorial Chief Justices and Court Administrators

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

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

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

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

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