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Maley: Updated series is valuable for practitioners

John Maley
February 27, 2013
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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.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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