Duarte v. Bardales (9th Cir. 2008) 526 F.3d 563 and Lozano v. Montoya Alvarez (2014) 134 S.Ct. 1224
Mar 05, 2014OUTCOME: My client ultimately prevailed in federal district court. The arguments I made in the Ninth Circuit Court of Appeal were vindicated by the United States Supreme Court.
In Duarte v. Bardales, I argued that "equitable tolling" could not apply to Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction. On this issue, I lost. However, w ... hen the case was re-tried in federal district court, my client prevailed. But in the year 2013, the United States Supreme Court agreed to hear a case addressing the very same issue: Whether equitable tolling applies to Article 12 of the Hague Convention. One of the attorneys in that case contacted me and asked me to file a Brief Amicus Curiae in the United States Supreme Court. I did so. The U.S. Supreme Court ultimately agreed that "equitable tolling" does NOT apply to Article 12 of the Hague Convention. Therefore, the decision by the Ninth Circuit against me was abrogated and the arguments I made in the Ninth Circuit were vindicated by the United States Supreme Court. For more information about these cases, please go to my website "thechulavistalawyer.com and click on the hyperlink "Remarkable accomplishments."