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Tammy Noergaard v. Christian Noergaard
Paid petition · Court of Appeal of California, Fourth Appellate District, Division Three, No. G057332, G057363, G058095 · judgment October 29, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Does a reviewing Court retain jurisdiction to review lower court decisions for due process violations under the Due Process and Equal Protection Clause of the 14th Amendment of the United States Constitution(“Equal Protection Clause”) that occur before and during a trial in a case involving the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”),' or is jurisdiction limited to violations that fall under Hague Convention Article 26 that occurred Berthe trial and even when the attorney’s fees represent a collateral legal consequence ? • Does a litigant have a right to a timely trial, or do several years of delays result in violations of the Equal Protection Clause, Hague Convention Article 2, and/or the American Declaration on the Rights and Duties of Man(“American Declaration”)? • Does a litigant have a fundamental right to equal justice under the law without regard to economic means in a Hague convention case, or can extreme trial costs and fees violate the Equal Protection Clause, Hague Convention Article 22, and/or the American Declaration?
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Can egregious misconduct during trial court proceedings affect the trial such that it violates the Equal Protection Clause, and warrant reversal?
Counsel of record
For petitioner
Tammy Noergaard
For respondent
Stephen B. Ruben
Ruben Law Firm
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- May 17 2021Petition DENIED.
- May 05 2021Brief amicus curiae of International Victims Action Center and Intercept Abuse - Voices Set Free filed. (Distributed)
- Apr 22 2021Blanket Consent filed by Petitioner, Tammy Noergaard.
- Apr 21 2021DISTRIBUTED for Conference of 5/13/2021.
- Apr 14 2021Waiver of right of respondent Christian Noergaard to respond filed.
- Mar 12 2021Petition for a writ of certiorari filed. (Response due May 12, 2021)