Federal Bar Update

Federal Bar Update: Offers of judgment and class actions

March 23, 2016
John Maley
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: Significant rule changes coming Dec. 1

November 18, 2015
John Maley
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
John Maley
Read about latest developments in the federal bar.
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Federal Bar Update: Removing state-court actions to federal court

June 3, 2015
John Maley
Removal of state-court actions to federal court has provided a seemingly never-ending source of procedural disputes. Fortunately many of those mind-numbing issues have been resolved in the last several years by Congress and the courts, with the Supreme Court of the United States addressing one key issue recently.
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Federal Bar Update: Southern District's uniform protective order

January 28, 2015
John Maley
Throughout 2014, a subcommittee of the U.S. District Court for the Southern District of Indiana’s Local Rules Committee, including Magistrate Judges Denise LaRue and Debra McVicker Lynch, was hard at work on a proposed uniform protective order.
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Federal Bar Update: End-of-year tweaks to federal court rules

December 17, 2014
John Maley
John Maley takes a look at rule changes in federal courts and reminds attorneys that the rule on Statement of the Facts has been deleted.
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Federal Bar Update: Minor rule changes and attorney-client privilege

October 22, 2014
John Maley
Any amendments to various federal rules always take effect Dec. 1. Some years there are significant changes, other years few or no amendments are in play. This December is very modest in terms of federal rule amendments.
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Federal Bar Update: Proposed rule changes, redacting documents

August 27, 2014
John Maley
The Judicial Conference Advisory Committees on Civil Rules has published proposed amendments to several rules and is seeking public comment.
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Federal Bar Update: Rule 30(b)(6) depositions

July 2, 2014
John Maley
One of the most useful tools in discovery is the Rule 30(b)(6) deposition, allowing a party to depose an entity, which must then produce one or more witnesses to testify to enumerated topics.
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Federal Bar Update: Free CLE, hyperlinks and award nominations

May 7, 2014
John Maley
As noted previously, a new pilot program was underway in the Southern District of Indiana for including hyperlinks in briefs.
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Federal Bar Update: Court launches new website, case management plan

January 15, 2014
John Maley
The Southern District’s website is revamped, with a new and improved look and feel. The case opinion search feature remains and allows searching by judge and/or date. It can be a useful tool to get recent standards, for instance, on common issues.
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Federal Bar Update: Rule 45 amendments on subpoenas took effect Dec. 1

December 18, 2013
John Maley
Amendments took effect Dec. 1 to Rule 45 of the Federal Rules of Civil Procedure. Also, amendments took effect to several of the Southern District of Indiana’s Local Rules.
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Easterbrook: 7th Circuit 'nation's leader' in productivity

May 22, 2013
Dave Stafford
Chief Judge Frank Easterbrook of the 7th Circuit Court of Appeals presented his final State of the Circuit address during the Circuit conference this month in Indianapolis, describing the federal appellate court for Indiana, Illinois and Wisconsin as perhaps the nation’s most industrious.
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Editorial: Personal jurisdiction theories still evolving

August 3, 2011
John Maley
As most litigators know, in Asahi Metal v. Superior Court of Cal., 480 U.S. 102 (1987), a plurality of the Supreme Court embraced the stream-of-commerce theory of personal jurisdiction, which generally holds that if a manufacturer or distributor has sufficient knowledge and control of its distribution system, it can be sued in a state in which its products cause injury. Since Asahi Metal, the theory has evolved somewhat in federal and state appellate courts but had not been revisited by the Supreme Court.
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Federal Bar Update: Avoid multiple summary judgment motions

June 8, 2011
John Maley
The Southern District of Indiana has amended its Uniform Case Management Plan to include new language regarding summary judgment motions.
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Federal Bar Update: Client representative at settlement conferences

September 29, 2010
John Maley
In the Southern District of Indiana, settlement conferences are routinely held in most civil cases before the assigned magistrate judge.
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Federal Bar Update: More federal rule changes on horizon

August 18, 2010
John Maley
For 2010, the Supreme Court approved a package of amendments in late April that will amend several appellate rules, bankruptcy rules, criminal rules, civil rules, and an evidence rule.
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Federal Bar Update: Permissible fishing in discovery process

July 7, 2010
John Maley
John Maley writes about how one recent discovery order is interesting and has potential broader significance beyond the dispute between the parties.
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  1. Been there 4 months with 1 paycheck what can i do

  2. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  3. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

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