⚖ Oral Arguments, with Context

The Second Circuit considers who may be held civilly responsible for a child's abduction. Janet Jenkins and Lisa Miller entered a Vermont civil union and raised a daughter together. After they separated, Vermont courts recognized Jenkins as a legal parent and ordered visitation. Miller repeatedly refused that contact. In 2009, she left the United States with the child and went to Nicaragua. Jenkins later sued people and organizations she alleges helped plan or conceal the kidnapping. This appeal concerns the law firm Liberty Counsel and Rena Lindevaldsen, a lawyer who represented Miller. They deny involvement. The district court granted those two defendants summary judgment on two independent grounds: the claims were filed too late, and the evidence was insufficient to establish their liability. Summary judgment resolves claims without a trial when there is no genuine dispute over a fact that could affect the outcome. Reasonable inferences favor the opposing party, but speculation is not enough. Jenkins filed her original lawsuit in 2012, but formally added these defendants in 2017. The parties use a three-year filing limit. Accrual means when a claim arises and its filing clock starts. Tolling means stopping or suspending that clock for a legally recognized reason. The judges will explore the difference between discovering an injury and learning who was responsible. You will also hear vicarious liability: the proposed route for holding the firm responsible for its alleged agent's conduct. Whether Lindevaldsen had that agency relationship remains disputed. Miranda Herzog of Cleary Gottlieb will argue first for Jenkins, asking for a jury to evaluate the conflicting testimony and circumstantial evidence. Horatio Mihet will represent Liberty Counsel and Lindevaldsen, seeking affirmance. He will contend that Jenkins knew enough to sue them years earlier and that the evidence requires speculation rather than reasonable inference.

Jenkins v. Miller (No. 25-1993) — U.S. Court of Appeals for the Second Circuit, argued October 23, 2026.