Delvoye v. Lee’s Empirical Analysis
329 F.3d 330 · 2003
Citation profile
20 federal appellate · 3 district ·
How this case has been cited
Cited by 41 later decisions (1 by the Supreme Court) — most recently December 2024 · most notably Whiting v. Krassner (2004), Baxter v. Baxter (2005)
20 federal appellate · 3 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
Relationships
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 11603
Relies on Feder v. Evans-Feder · Mozes v. Mozes · Nunez-Escudero v. Tice-Menley
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] child’s habitual residence is the place where ... she has been physically present for an amount of time sufficient for acclimatization and which has a ‘degree of settled purpose’ from the child’s perspective .... [A] determination of whether any particular place satisfies this standard must focus on the child and consists of an analysis of the child’s circumstances in that place and the parents’ present, shared intentions regarding their child’s presence there.”
3 later decisions quote this exact passage · from the majority“[W]here [a conflict between the parents] is contemporaneous with the birth of the child, no habitual residence may ever come into existence.”
2 later decisions quote this exact passage · from the majority“review the district court's underlying findings of historical and narrative facts for clear error, but exercise plenary review over the court's application of legal precepts to the facts.”
1 later decision quote this exact passage · from the majoritye.g. Whiting v. Krassner
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.