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Defenses

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Case Commentary: Leon v. Ruiz No. MO:19-CV-00293-RCG, 2020 U.S. Dist. LEXIS 43758 (W.D. Tex. Mar. 13, 2020)

James D. Garbolino
July 29, 2020

Defenses | General Denial

In this case, a father presented a prima facie case for the return of his child, but the mother waited until her opening statement at trial to present her affirmative defenses.

Holding

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Case Commentary: Da Silva v. De Aredes, 953 F.3d 67 (1st Cir. 2020)

James D. Garbolino
May 5, 2020

Defenses | Settlement and Immigration Status | Grave Risk | Motions for New Trial

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Tutorials on Science and Technology

Melissa J. Whitney
June 1, 2018

Science tutorials have developed as a tool to assist judges in managing cases that involve complex science and technology. Such tutorials provide an early opportunity for the court to learn and ask questions about relevant science and technology outside the context of motion practice.

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Managing Related Proposed Class Actions in Multidistrict Litigation

Catherine R. Borden
May 31, 2018

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

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

James D. Garbolino
February 12, 2018

Defenses | Consent – Facts Supporting Consent

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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

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Case Commentary: Alcala v. Hernandez, 826 F.3d 161 (4th Cir. 2016)

James D. Garbolino
April 18, 2017

Settlement | Immigration Status | Return Despite Existing Defense

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Checklist for Hague Convention Cases

April 11, 2016

A two-page checklist covering procedural issues, cases for return, defenses, return orders, and attorney fees.

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Patent Law and Practice [Superseded]

Herbert F. Schwartz
January 1, 1988

A monograph that provides an overview of this specialized area of the law. The author describes the steps followed in a patent application and discusses defenses to and remedies for patent infringement, providing examples from case law.

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