Unfair Criticism of the Day: ABC News on the Hague Child Abduction Convention

The Australian Broadcasting Corporation published a story last week on the Hague Child Abduction Convention. The headline gives a sense of the gist of the story: “Mothers forced to stay in same country as abuser or risk persecution under the Hague Convention.” The Convention, according to one quoted expert, is a “good law gone bad.”

What’s the problem? According to the story, Australian immigration law provides that foreign women who marry Australian men and then leave them “may not be entitled to government support in Australia.” So they may want to return to their own countries, where they may be entitled to support; but if they take their children with them, the husband may have the right, under the Convention, to require the mother and children to return to Australia. The article also points out that it can be difficult for woman whose husband is abusing her to show that the abuse poses a grave risk of harm to their child, which is one of the grounds for resisting an application for return of a child under the Convention. (more…)

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Read more about the article Scandal of the Day: Washington, DC Sewer Service
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Scandal of the Day: Washington, DC Sewer Service

Josh Kaplan of DCist published a major exposé on fraudulent service of process in Washington DC, leading to many tenants being evicted without ever having been served with process. The problem arises when private process servers, who are paid by the job, submit false affidavits. Kaplan was able to show that affidavits were false by showing that the servers had claimed to be in two places at once, or had claimed to travel impossibly quickly. The story is very well done—you should read it. I think the malefactors should be charged with a crime, and lawyers who were in a position to see that the servers were lying should be subject to discipline.

What lessons can we, as lawyers concerned with service of process, draw from this scandal? (more…)

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Case of the Day: Servotronics v. Rolls-Royce

The case of the day is Servotronics, Inc. v. Rolls-Royce PLC (7th Cir. 2020). I wrote about a related Fourth Circuit case earlier this year. The case deepens the circuit split on whether Section 1782 reaches private foreign arbitrations. The Fourth and Sixth Circuits have recently said “yes.” The Second and Fifth Circuits had said “no.” Now the Seventh Circuit has taken the Second Circuit view, setting up a very strong candidate for Supreme Court review (assuming the arbitration will still be pending a year from now). (more…)

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