Karkkainen v. Kovalchuk’s Empirical Analysis
445 F.3d 280 · 2006
Citation profile
21 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 66 later decisions (1 by the Supreme Court) — most recently December 2024 · most notably Robert v. Tesson (2007), Tsai-Yi Yang v. Fu-Chiang Tsui (2007)
21 federal appellate · 4 district · 2 state decisions
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.
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 42 U.S.C. § 11603
Relies on Anderson v. City of Bessemer City · Feder v. Evans-Feder · Mozes v. Mozes · Friedrich v. Friedrich · Miller v. Miller
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a it is in breach of rights of custody -attributed to a person ... under the law of the State in which the child is 'habitually resident immediately before the removal or retention; and b at the time of removal or retention those rights were actually exercised ... or would have been so exercised but for the removal or retention.”
5 later decisions quote this exact passage · from the majority“[W]e believe that a child’s habitual residence is the place where he or 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. We further believe that 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“[T]he Third Circuit held that academic activities are among the most central ... in a child’s life and therefore highly suggestive of acclimatization. The court also noted that social engagements, participation in sports programs and excursions, and meaningful connections with the people and places in the child’s [] country all point to the child being acclimatized. Additionally, the court held that the fact that [the child] brought more personal belongings with her than usual, in anticipation that she would remain [in the United States] was evidence of a settled purpose to reside in the United States.”
2 later decisions quote this exact passage · from the majority
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.