ILNews

Maley: Updated series is valuable for practitioners

John Maley
February 27, 2013
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Commentary

maley-john-mugNew013013By John R. Maley

As the practice has moved from law-firm libraries to online research on laptops and iPads, there remains a place for comprehensive, in-depth and practical treatises and practice guides. Since 1998, Westlaw’s Business and Commercial Litigation in Federal Courts has been just such a valuable resource, and it continues to include electronic materials on a CD that contains jury instructions, forms and checklists that are in the 11-volume printed set. The series is unique in that it is a collaborative effort between Westlaw and the ABA’s Section of Litigation, with all proceeds going to that section.

The first edition in 1998 had six comprehensive volumes, expanded to eight volumes in the second edition in 2005. The new third edition has grown to eleven volumes with 34 new chapters. Under the guidance of New York litigator Robert Haig, 251 different distinguished authors – including 22

maleybookrev022713

distinguished federal judges from the appellate and District courts – contributed to the series. One of the authors remains Indiana’s own Hon. William C. Lee, who penned the chapter on scheduling and pretrial conferences and orders.

Although there are other treatises addressing federal civil practice, none are written specifically for commercial litigation. Moreover, no other book gives integra

ted treatment to procedural and substantive law in areas frequently encountered by federal commercial litigators. Furthermore, the authors address practical perspectives and tips for plaintiff and defense alike for all stages of litigation, including trial.

For the young practitioner, the treatise is a tremendous starting point for virtually any procedural and substantive issue that crosses the desk. On the procedural front, for instance, topics addressed range from subject matter jurisdiction, personal jurisdiction, venue, immunity, investigation, case evaluation, pleadings, discovery, motions practice, trial, appeals, and enforcement of judgments. Meanwhile, on the substantive front, the coverage is broad but in-depth, ranging from antitrust, securities, banking, consumer, employment, copyright, franchising, entertainment, environmental, energy, construction, patent, trademark, products, and false claims.

For the experienced litigator, the treatise is both a good refresher and ready-reference, as well as a fine starting point for supporting authority and research given the detailed footnotes with multiple citations (actually more than 40,000 cites).

As is evident from this third edition and the strength and depth of the organizations and authors involved, this was not a “one and done” effort. Instead, the treatise has been supplemented with pocket parts annually since its initial publication, so it stays current with changes in statutory amendments, rule changes, evolving case law, and evolutions in federal practice.

For lawyers or firms with federal commercial litigation practices, this series is worth serious consideration. The eleven volumes and CD sell for $1,351 from Westlaw.•

__________

John Maley – jmaley@btlaw.com – is a partner with Barnes & Thornburg LLP in Indianapolis, focusing on litigation, employment, and appellate practice. The opinions expressed are those of the author.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. 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

  3. 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.

  4. 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.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

ADVERTISEMENT