Justia Juvenile Law Opinion SummariesArticles Posted in International Law
M.D., et al. v. Rick Perry, et al.
Plaintiffs, nine children in the custody of PMC, filed suit under 42 U.S.C. 1983 against three Texas officials, in their official capacities, seeking to represent a class of all children who were now, and all those who will be, in the State's long-term foster care. The gravaman of plaintiffs' complaint is that various system-wide problems in Texas's administration of its PMC subjected all of the children in PMC to a variety of harms. Applying the standards announced in the Supreme Court's recent opinion, Wal-mart Stores, Inc. v. Dukes, the court held that the district court failed to conduct the "rigorous" analysis required by Rule 23 in deciding to certify the proposed class. The court also held that the district court abused its discretion by certifying a class that lacked cohesiveness under Rule 23(b)(2). Accordingly, the court vacated the district court's class certification order and remanded for further proceedings. View "M.D., et al. v. Rick Perry, et al." on Justia Law
Martin Stern v. Michelle Stern
Appellant petitioned for his son's transfer to Israel for custody adjudication alleging that his son had been wrongfully detained in Iowa by the child's mother. At issue was whether the district court erred in finding that the parties' intention was to make Iowa the habitual residence where the district court emphasized the son's perspective that the settled purpose of his relocation to Iowa was to reside there habitually. The court held that the district court did not err in finding that the parties' intent at the time of the move was to make Iowa the son's habitual residence whether the district court emphasized the son's perspective or the parents' perspectives; that the parties maintained no home in Israel after coming to Iowa and appellant spent two months closing down his business before rejoining his family in the United States; that it appeared that the family did intend to "abandon" Israel; and any agreement of the pair to return to Israel would have involved staying in the United States for the indefinite amount of time it would take the mother to finish her doctorate.