May 8, 2013
John MaleyWith 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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March 27, 2013
John MaleyIn 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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January 16, 2013
John MaleyThe Southern District has amended several Local Rules. These were approved in late December and took effect Jan. 1.
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December 19, 2012
John MaleyAs 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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November 7, 2012
John MaleyLocal 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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September 12, 2012
John MaleyFederal 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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August 1, 2012
John MaleyFederal 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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June 6, 2012
John MaleyAs 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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April 11, 2012
John MaleyThe Southern District of Indiana recently modified two sections of the court’s Uniform Case Management Plan regarding
experts.
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January 18, 2012
John MaleyMaley writes about the Federal Courts Jurisdiction and Venue Clarification Act of 2011.
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December 21, 2011
John MaleyWith 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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November 9, 2011
John MaleyJohn Maley writes about changes coming to local rules in each District Court.
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September 14, 2011
John MaleyJohn Maley discusses proposed rule amendments and a study on 12(b)(6) motions.
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August 3, 2011
John MaleyAs 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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June 8, 2011
John MaleyThe Southern District of Indiana has amended its Uniform Case Management Plan to include new language regarding summary judgment
motions.
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April 13, 2011
John MaleyAs federal practitioners know, the 7th Circuit is particularly strict about protecting public access to federal court filings.
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January 19, 2011
John MaleyEffective 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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December 22, 2010
John MaleyAs previewed in prior columns, effective Dec. 1 various amendments took effect to the Federal Rules of Civil Procedure (as
well as appellate, criminal, and evidence rules).
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September 29, 2010
John MaleyIn the Southern District of Indiana, settlement conferences are routinely held in most civil cases before the assigned magistrate
judge.
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August 18, 2010
John MaleyFor 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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July 7, 2010
John MaleyJohn 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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May 26, 2010
John MaleyAs federal practitioners well know by now, sweeping changes to the federal rules took effect Dec. 1, with most of those changes
incorporating the “days are days” time computation amendments.
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March 31, 2010
John MaleyFor diversity jurisdiction purposes, one area of uncertainty for many years has been how to determine the citizenship of a
corporation.
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.