Federal Bar Update: Offers of judgment and class actions
The U.S. Supreme Court recently held that an unaccepted offer of judgment under Rule 68 does not moot a class representative’s claim, even when the offer is made prior to class certification.
John R. Maley
Articles
Federal Bar Update: Early returns on amended Rules of Civil Procedure
Significant changes to the Federal Rules of Civil Procedure took effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. In the first two months of these new rules, it is apparent they are having an immediate impact on federal litigation.
Federal Bar Update: Significant rule changes coming Dec. 1
Significant changes to the Federal Rules of Civil Procedure take effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. The Supreme Court of the United States approved these changes in April, and Congress has taken no action to stop them becoming effective.
Fed Bar Update: Process is underway to fill vacancies on federal bench
Read about latest developments in the federal bar.
Federal Bar Update: Removing state-court actions to federal court
Removal of state-court actions to federal court has provided a seemingly never-ending source of procedural disputes. Fortunately many of those mind-numbing issues have been resolved in the last several years by Congress and the courts, with the Supreme Court of the United States addressing one key issue recently.
Federal Bar Update: Southern District’s uniform protective order
Throughout 2014, a subcommittee of the U.S. District Court for the Southern District of Indiana’s Local Rules Committee, including Magistrate Judges Denise LaRue and Debra McVicker Lynch, was hard at work on a proposed uniform protective order.
Federal Bar Update: End-of-year tweaks to federal court rules
John Maley takes a look at rule changes in federal courts and reminds attorneys that the rule on Statement of the Facts has been deleted.
Federal Bar Update: Minor rule changes and attorney-client privilege
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.
Federal Bar Update: Proposed rule changes, redacting documents
The Judicial Conference Advisory Committees on Civil Rules has published proposed amendments to several rules and is seeking public comment.
Federal Bar Update: Rule 30(b)(6) depositions
One of the most useful tools in discovery is the Rule 30(b)(6) deposition, allowing a party to depose an entity, which must then produce one or more witnesses to testify to enumerated topics.
Federal Bar Update: Free CLE, hyperlinks and award nominations
As noted previously, a new pilot program was underway in the Southern District of Indiana for including hyperlinks in briefs.
Federal Bar Update: ND requires e-filing; SD launches hyperlink pilot
Effective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed.
Federal Bar Update: Court launches new website, case management plan
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.
Federal Bar Update: Rule 45 amendments on subpoenas took effect Dec. 1
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.
Federal Bar Update: Rule requires advance service of non-party document requests
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.
New planning report form now in use in Northern District
Effective Aug. 14, the Northern District of Indiana has a new form for the “Report of Parties’ Planning Meeting” that is required to be submitted after the parties’ Rule 26(f) planning conference. This new form is to be used going forward.
Federal Bar Update: Southern District starts pilot program for employment cases
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.
Federal Bar Update: Supreme Court takes rare steps on procedural decisions
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.
Federal Bar Update: Pilot program for discovery in employment cases
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.
Maley: Updated series is valuable for practitioners
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.