Federal Bar Update: John Maley

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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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: Confidentiality not always enforceable

April 13, 2011
John Maley
As federal practitioners know, the 7th Circuit is particularly strict about protecting public access to federal court filings.
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Federal Bar Update: Southern District amends civil and criminal rules

January 19, 2011
John Maley
Effective Jan. 1, the Southern District of Indiana amended three local rules affecting civil practice, plus Local Criminal Rule 13.1 affecting criminal practice and sentencing (see the court’s website for the text of all rule changes).
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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