International Law — ICARA

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United States Court of Appeals For the Seventh Circuit

Civil

International Law — ICARA

Where the judge’s did not find facts in reaching a decision on whether to exercise jurisdiction over an international custody dispute, the decision must be vacated.

“The process of factfinding in such a situation is inexact and the findings that result are doubtless often mistaken. But the judge can’t just throw up his hands, as happened in this case, because he can’t figure out what is true and what is false in the testimony. There is no uncertainty exception to the duty imposed by Rule 52. As we said in another case, ‘One cannot but sympathize with the inability of the district judge in this case to say more than he did in justification of the damages that he assessed for loss of consortium. But the figures were plucked out of the air, and that procedure cannot be squared with the duty of reasoned, articulate adjudication imposed by Rule 52(a).’ Arpin v. United States, 521 F.3d 769, 776 (7th Cir. 2008).”

Vacated and Remanded.

12-1692 Khan v. Fatima

Appeal from the United States District Court for the Northern District of Illinois, Leinenweber, J., Posner, J.