Articles

Maley: Contempt order shows electronic case filing e-notice risks

For years now, all federal courts have been using ECF electronic filing along with electronic service of filings and court orders. This system offers great convenience and efficiencies, but in today’s litigation practices, with the seemingly nonstop, never-ending inflow of email, the risks of missing a court order are increased. This proved painful in a recent 7th Circuit decision.

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Federal Bar Update: Be careful with summary judgment

As federal court practitioners know, in seeking summary judgment, the movant must set forth the facts favorably for the non-movant. In ­­­­­­­­­­­­­­­­­­­a recent ruling, Chief Judge Jane Magnus-Stinson issued a must-read 44-page opinion reinforcing the importance of this requirement.

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Federal Bar Update: The 3-business-day provision for seeking extensions of time

Effective Dec. 1, the Southern District of Indiana adopted various Local Rules amendments, specifically to Local Rules 5-2, 5-3 and 5-7 (electronic filing); Local Rule 6-1 (extensions of time); Local Rule 81-2 (removed actions), and; Local Rule 83-5 (admission). The amendments to Local Rule 6-1(a) are significant in that they impact the process of seeking extensions of time for filing deadlines.

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Maley: First things first: jurisdiction, jurisdiction, jurisdiction

As the year begins, it is appropriate to get back to the basics. Subject matter jurisdiction is the starting point in every case in federal court, scrutinized from the outset by the district court and then the 7th Circuit. Yet in opinion after opinion common errors in complaints or removal notices are noted by these courts, particularly in diversity jurisdiction cases.

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