Federal Bar Update

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. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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