JohnMaley

Recent Articles

Federal Bar Update: Motions to reconsider; 7th Circuit conference in Indy

March 22, 2017
Judge Robert L. Miller recently addressed a motion to reconsider a ruling denying in part a defense motion for summary judgment; the opinion provides good guidance on whether and when such motions are appropriate.
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Maley: First things first: jurisdiction, jurisdiction, jurisdiction

January 25, 2017
As the year begins, it is appropriate to get back to the basics. Subject matter jurisdiction is the starting point in every case in federal court, scrutinized from the outset by the district court and then the 7th Circuit. Yet in opinion after opinion common errors in complaints or removal notices are noted by these courts, particularly in diversity jurisdiction cases.
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Federal Bar Update: Rule amendments take effect Dec. 1

November 16, 2016
As of Dec. 1, several amendments take effect in federal civil and appellate practice.
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Federal Bar Update: Show up and pay attention to court matters

September 21, 2016
In the Northern and Southern Districts of Indiana, from time to time the federal bench has found it necessary to comment on deficient practitioner performance. A recent example also serves as a reminder of some basic principles in this age of phone conferences.
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Federal Bar Update: Southern District’s local rule on indigent appointments

July 27, 2016
Although referred to by some as the “mandatory pro bono rule,” in fact the rule is entitled “Representation of Indigent Litigants,” and is multi-faceted.
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Federal Bar Update: Southern District’s proposed local rule on court appointments

June 1, 2016
As an active participant in drafting and review of the Local Rule, this author has observed first-hand the careful, thoughtful and patient consideration by the court of the clear need for more lawyers to take on more pro bono cases in the court, and the balance of limits on an individual lawyer’s time and resources to take on these cases.
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Federal Bar Update: Offers of judgment and class actions

March 23, 2016
The U.S. Supreme Court recently held that an unaccepted offer of judgment under Rule 68 does not moot a class representative’s claim, even when the offer is made prior to class certification.
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Federal Bar Update: Early returns on amended Rules of Civil Procedure

January 27, 2016
Significant changes to the Federal Rules of Civil Procedure took effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. In the first two months of these new rules, it is apparent they are having an immediate impact on federal litigation.
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Federal Bar Update: Significant rule changes coming Dec. 1

November 18, 2015
Significant changes to the Federal Rules of Civil Procedure take effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. The Supreme Court of the United States approved these changes in April, and Congress has taken no action to stop them becoming effective.
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Fed Bar Update: Process is underway to fill vacancies on federal bench

July 29, 2015
Read about latest developments in the federal bar.
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