Hague Convention Law
 
One and Ken Valley Housing Group, ET AL, v. Maine State Housing Authority, v. Shaun Donovan, Secretary U.S. Department of housing & Urban Development

The Section 8 program is a vast effort on the part of federal, state, and local authorities to provide decent, safe, and sanitary housing to low-income families, the elderly, and the disabled. The program is administered by the U.S. Department of Housing and Urban Development ("HUD") in conjunction with state and local public housing agencies across the country. Under the part of the program at i... More...   $0 (05-16-2013 - ME)

Adam Hofmann v. Marina Abigail Sender

Petitioner-Appellee initiated proceedings pursuant to Article 3 of the Hague Convention on Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11, 679, 1343 U.N.T.S. 89, reprinted in 51 Fed. Reg. 10, 494 (Mar. 26, 1986) (“Hague Convention” or “Convention”), implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq. (2000), whic... More...   $0 (05-14-2013 - NY)

National Rifle Association, Inc. v. Bureau of Alcohol, Tobacco, Firearms and Explosives

Like other circuits, the panel adopted a two-step approach to interpretation of the Second Amendment. The first consideration is whether “the conduct at issue falls within the scope of the Second Amendment right” as shown by “historical traditions.” NRA v. ATF, 700 F.3d 185, 194 (5th Cir. 2012).

The second level of consideration is to apply a type of intermediate scrutiny based on... More...
   $0 (04-30-2013 - TX)

Emilio Martino v. Western & Southern Financial Group

Emilio Martino, a naturalized United States citizen born in Italy, worked briefly as a sales representative for Western & Southern Financial Group (“W&S”). Less than two months after W&S hired Martino, the company terminated his employment.

Martino sued W&S for religious discrimination under Title VII and for defamation. Martino alleged, among other claims, that W&S discharged him based... More...
   $0 (04-25-2013 - IN)

Lyle E. Craker v. Drug Enforcement Administration

Petitioner Lyle E. Craker, a professor at the University of Massachusetts, seeks review of an order from the Drug Enforcement Administration ("DEA") denying his application for registration to cultivate marijuana for medical research. After review of the administrative record, we deny the petition.

I. Statutory Landscape

In an effort to consolidate the nation's drug laws and... More...
   $0 (04-16-2013 - MA)

Neil James v. Clackamas County

2 This case concerns the scope of Clackamas County's contractual obligation
3 to provide health insurance benefits to command officer retirees of the Clackamas County
4 Sheriff's Office. A contract between the county and command officers, including
5 plaintiff, Neil James, required the county to use a particular fund to pay for a certain level
6 of health insurance benefits to comm... More...
   $0 (04-11-2013 - OR)

Douglas K. McDaniel v. Wells Fargo Investment, LLC

We must decide whether federal securities law preempts the enforcement of California’s forced-patronage statute against brokerage houses that forbid their employees from opening outside trading accounts.

I

A

Federal law requires brokerage firms to take measures reasonably designed to prevent their employees from misusing material, nonpublic information. To meet that obligati... More...
   $0 (04-09-2013 - CA)

Kathryn Hagmeier v. American Terrazzo Company

Kathryn Hagmeier sued American Terrazzo Company, American Terrazzo Company, Ltd., Flintco, Inc., Manhattan Construction Company, Tulsa Vision Builders and others on negligence theories.

Plaintiff Kathryn Hagmeier was employed as a sales manager for Superior Management Group (“SMG”) in 2009. SMG manages the Tulsa Convention Center (“TCC”) and the Ba]lk of Oklahoma Center (“BOK”)... More...
   $0 (04-08-2013 - OK)

State of Oklahoma v. Julio Juarez Ramos and Isidro Juarez Ramos

¶1 Appellees Julio Juarez Ramos and Isidro Juarez Ramos were charged in the District Court of Woodward County with First Degree Murder (21 O.S.2001, § 701.7), Case Nos. CF-2009-158 and CR-2009-159, respectively. Separate preliminary hearings were held for each defendant (November 12, 2009, for Julio Ramos and March 12, 2010, for Isidro Ramos), after which each defendant was bound over for trial.... More...   $0 (03-13-2013 - OK)

Gi Kuan Tsai v. Eric H. Holder, Jr.

Petitioner Gi Kuan Tsai seeks review of the decision by the Board of Immigration Appeals ("BIA") denying his untimely motion to reopen removal proceedings on the basis that he failed to meet the exception to the ninety-day filing requirement for changed country conditions material to the claim for asylum. Finding no abuse of discretion, we deny Tsai's petition for review.

I. Facts & Backgr... More...
   $0 (03-07-2013 - MA)

Reda A. Ginena, et al. v. Alaska Airlines Inc.

Five Egyptian businessmen and four women sued Captain Mike Swanigan and Alaska Airlines Inc. on defamation theories claiming that they were injured and/or harmed when the captain of the flight that they were on was diverted to Reno and they were taken off the plane bound for Las Vegas on September 29, 2003.

Alaskan Airlines claimed that the Plaintiffs interfered with the flight crew and ... More...
   $0 (03-06-2013 - NV)

Jeffrey Lee Chafin v. Lynne Hales Chafin

The Hague Convention on the Civil Aspects of Inter- national Child Abduction generally requires courts in theUnited States to order children returned to their countries of habitual residence, if the courts find that the children have been wrongfully removed to or retained in the United States. The question is whether, after a child is returnedpursuant to such an order, any appeal of the order is m... More...   $0 (02-20-2013 - GA)

Nurettin Ozaltin v. Zeynep Tekiner Ozaltin

Petitioner-appellee Nurettin Ozaltin (“the Father”) brought this suit under the International Child Abduction Remedies Act (“ICARA”), 42 U.S.C. § 11603(b),1 seeking the return of his two minor children to Turkey, as well as an order enforcing his rights under Turkish law to visit the children as long as they stayed in the United States with their mother, respondent-appellant Zeynep Tekine... More...   $0 (02-11-2013 - NY)

M.D. Imad John Bakoss v. Certain Underwriters At Lloyds of London Issuing Certificate No. 0510135

11 Plaintiff-appellant Imad John Bakoss (“Bakoss”) appeals from a September 28, 2011
12 judgment of the District Court for the Eastern District of New York (Dora L. Irizarry, Judge):
13 (1) denying his motion to dismiss for lack of subject-matter jurisdiction; and (2) granting the motion
14 for summary judgment by defendant-appellee, Certain Underwriters at Lloyds of London Issuing... More...
   $0 (01-24-2013 - NY)

CDA Dairy Queen, Inc. v. State Insurance Fund

CDA Dairy Queen, Inc. and Discovery Care Centre, LLC of Salmon (collectively, Dairy Queen) filed a class action against the Idaho State Insurance Fund (SIF) seeking a declaratory judgment that SIF violated Idaho Code § 72-915 by failing to distribute premium rate readjustments on a pro rata basis. The district court granted SIF’s motion for summary judgment, finding that the Idaho Legislature... More...   $0 (01-23-2013 - ID)

New Hampshire Insurance Company v. Magellan Reinsurance Co., Ltd.

New Hampshire Insurance Company (NHIC) appeals from the trial court’s order denying its motion for nonrecognition of foreign country judgments against it, which was filed for recognition by Appellee Magellan Reinsurance Co. Ltd. NHIC challenges the order in three issues, each asserting Magellan’s noncompliance with the requirements for recognition of foreign country judgments under the Unifor... More...   $0 (01-13-2013 - TX)

Oakdale Mall Associates v. Cincinnati Insurance Company

Oakdale Mall Associates (Oakdale), a Minnesota limited partnership, and Cincinnati Insurance Company (Cincinnati), an Ohio corporation, dispute whether the commercial property insurance policy Oakdale purchased from Cincinnati covers a loss Oakdale suffered on August 4, 2009. On cross-motions for summary judgment regarding coverage, the district court 1 denied Oakdale’s motion for summary judgme... More...   $0 (01-10-2013 - MN)

Inacio Lobo v. Celebrity Cruises, Inc.

In Lobo v. Celebrity Cruises, Inc. (“Lobo I”), 488 F.3d 891 (11th Cir. 2007), we held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”) and its implementing legislation, 9 U.S.C. §§ 202- 208, superceded the Seaman’s Wage Act, 46 U.S.C. § 10313, and required the District Court to grant a motion to compel arbitration of a foreign seaman’s... More...   $0 (01-08-2013 - fl)

Iain Walker v. Norene Walker

Iain Walker, a citizen of Australia, filed this suit under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., in an effort to compel his wife, Norene, a citizen of the United States, to return the couple’s three children to Australia.

ICARA implements the Hague Convention on the Ci... More...
   $0 (11-16-2012 - IL)

Joseph H. Whitney v. The Guys, Inc.

Plaintiff Joseph H. Whitney appeals the district court's dismissal of his declaratory judgment, contract, unjust-enrichment, tort, and shareholder claims. Applying a choice-of-law analysis, the district court dismissed the contract and unjust-enrichment claims as barred by a Delaware statute of limitations and dismissed the tort and declaratory judgment claims as derivative of the contract claims.... More...   $0 (11-06-2012 - MN)

Bashe Abdi Yousuf v. Mohamed Ali Samantar

For the second time in this case, we are presented with the question of whether Appellant Mohamed Ali Samantar enjoys immunity from suit under the Torture Victim Protection Act of 1991 ("TVPA"), see Pub. L. 102-256, 106 Stat. 73 (1992), 28 U.S.C. § 1350 note, and the Alien Tort Statute ("ATS"), see 28 U.S.C. § 1350. In the previous appeal, we rejected Samantar’s claim to statutory immunity und... More...   $0 (11-02-2012 - VA)

National Rifle Association of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms, and Explosives

This appeal concerns the constitutionality of 18 U.S.C. §§ 922(b)(1) and (c)(1), and attendant regulations, which prohibit federally licensed firearms dealers from selling handguns to persons under the age of 21. Appellants—the National Rifle Association and individuals who at the time of filing were over the age of 18 but under the age of 21—brought suit in district court against several fe... More...   $0 (10-26-2012 - TX)

Ancient Coin Collectors Guild v. U.S. Customs and Border Protection

The Convention on Cultural Property Implementation Act ("CPIA"), 19 U.S.C. §§ 2601-2613, provides a mechanism by which foreign countries can request that the United States enact import restrictions on certain articles of cultural significance to prevent their looting and illegal sale. ... More...   $0 (10-23-2012 - )

Kolberg-Pioneer, Inc. v. Belgrade Steel Tank Company

Appellant, a Tennessee corporation, was sued in strict liability in Montana federal court for injuries resulting from a silo that it sold. The silo was manufactured by respondent, a Minnesota company. Appellant sought common-law indemnity from respondent in Minnesota state court. The district court determined that Montana indemnity law applied and dismissed appellant’s indemnity claim. Because c... More...   $0 (10-22-2012 - MN)

Sandisk Corporation v. Kingston Technology Co., Inc.

SanDisk Corporation (“Sandisk”) sued Kingston Technology Co., Inc. and Kingston Technology Corp. (collectively “Kingston”) for infringement of U.S. Patent Nos. 5,719,808 (“’808 patent”), 6,149,316 (“’316 Patent”), 6,426,893 (“’893 patent”), 6,757,842 (“’842 patent”), and 6,763,424 (“’424 patent”). After the district court issued its claim construction opinion,... More...   $0 (10-10-2012 - WI)

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