Federal Bar Update: John Maley

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: Recent federal opinions address recurring discovery issues

March 25, 2015
John Maley
In recent months several opinions from Indiana federal judges have addressed recurring issues in discovery.
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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: 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: 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: ND requires e-filing; SD launches hyperlink pilot

March 12, 2014
John Maley
Effective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed.
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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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Federal Bar Update: Rule requires advance service of non-party document requests

October 23, 2013
John Maley
Unknown to some practitioners, since 1991 the current version of Fed. R. Civ. P. 45 requires advance notice to opposing parties of document subpoenas issued to non-parties.
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Federal Bar Update: Southern District starts pilot program for employment cases

July 3, 2013
John Maley
The Southern District of Indiana has been experimenting this year with a pilot program for certain employment cases. The only eligible cases are individual Title VII, ADA and ADEA actions.
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Federal Bar Update: Supreme Court takes rare steps on procedural decisions

May 8, 2013
John Maley
With its limited docket, the U.S. Supreme Court rarely decides procedural issues, focusing instead on weighty constitutional issues or resolving split interpretations of federal statutes. This term, however, the Supreme Court has addressed several procedural issues.
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Federal Bar Update: Pilot program for discovery in employment cases

March 27, 2013
John Maley
In the Southern District of Indiana, if you are litigating an adverse-action employment case you might be part of a pilot program that aims to streamline and tailor discovery and scheduling.
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Federal Bar Update: Southern District of Indiana adopts rule amendments

January 16, 2013
John Maley
The Southern District has amended several Local Rules. These were approved in late December and took effect Jan. 1.
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Federal Bar Update: Rule changes, 7th Circuit procedural decisions

December 19, 2012
John Maley
As federal practitioners know, each Dec. 1 new federal rule amendments take effect. In most recent years there have been significant changes to Federal Rules of Civil Procedure each December.
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Federal Bar Update: Northern, Southern District courts cleaning up local rules

November 7, 2012
John Maley
Local Rule amendments are in the works in the Northern District and Southern District of Indiana, with amendments to take effect Jan. 1.
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Federal Bar Update: Opinion provides insight on attorney fees in FDCPA cases

September 12, 2012
John Maley
Federal courts routinely determine fee petitions for prevailing parties in various fee-shifting cases. A recent opinion from Magistrate Judge Denise LaRue illustrates guiding principles here.
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Federal Bar Update: No changes to federal rules this year

August 1, 2012
John Maley
Federal rule amendments take affect Dec. 1 of each year after a lengthy, time-consuming process of transmittal from the Judicial Conference to the Supreme Court and then to Congress. This coming December, for the first time in many years, there are no amendments on the horizon for the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, or Federal Rules of Evidence.
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Federal Bar Update: 6-month update on changes to removal statutes

June 6, 2012
John Maley
As readers will recall, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 took effect Jan. 6. Since the act took effect, it has been cited by name in 13 reported decisions, most of which simply deal with the effective date of the act.
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Federal Bar Update: Uniform Case Management Plan changes

April 11, 2012
John Maley
The Southern District of Indiana recently modified two sections of the court’s Uniform Case Management Plan regarding experts.
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Federal Bar Update: Removal and venue changes now in effect

January 18, 2012
John Maley
Maley writes about the Federal Courts Jurisdiction and Venue Clarification Act of 2011.
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Federal Bar Update: Removal and venue changes are on the horizon

December 21, 2011
John Maley
With the recent passage of the Federal Courts Jurisdiction and Venue Clarification Act of 2011, key statutory changes to removal and venue are on the horizon.
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Federal Bar Update: Comments sought for changes to local rules

November 9, 2011
John Maley
John Maley writes about changes coming to local rules in each District Court.
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Federal Bar Update: Comments accepted on Rule 45 amendments

September 14, 2011
John Maley
John Maley discusses proposed rule amendments and a study on 12(b)(6) motions.
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  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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