Circuit Splits

Originally published by Jason P. Steed.

There’s a split over the significance of parental intent in resolving habitual-residence questions, under the Hague Convention’s protections against international child abduction. See here at p.11 n.3.

Circuits disagree as to whether state or federal law governs a dispute over a post-office lease. See here at p.6.

In determining personal jurisdiction, there’s a split over using the “stream of commerce” or the “stream of commerce plus” approach. See here at p.5.

There’s a split over whether assault is an element of every conviction for resisting arrest. See here at p.12-13.

There’s a split over whether “back pay” is available as an equitable remedy under ERISA, in a claim for retaliation. See here at p.19 n.3.

And the circuits disagree over the compatibility of the FDCPA and the Bankruptcy Code. See here at p.31-32.

 

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today http://ift.tt/2cKvJ3W
via Abogado Aly Website