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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


Certiorari denied · May 17, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. 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?

  2. 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

  1. May 17 2021
    Petition DENIED.
  2. May 05 2021
    Brief amicus curiae of International Victims Action Center and Intercept Abuse - Voices Set Free filed. (Distributed)
  3. Apr 22 2021
    Blanket Consent filed by Petitioner, Tammy Noergaard.
  4. Apr 21 2021
    DISTRIBUTED for Conference of 5/13/2021.
  5. Apr 14 2021
    Waiver of right of respondent Christian Noergaard to respond filed.
  6. Mar 12 2021
    Petition for a writ of certiorari filed. (Response due May 12, 2021)