Federal Bar Update: Comments accepted on Rule 45 amendments
John Maley discusses proposed rule amendments and a study on 12(b)(6) motions.
John Maley
Articles
Editorial: Personal jurisdiction theories still evolving
As 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.
Federal Bar Update: Avoid multiple summary judgment motions
The Southern District of Indiana has amended its Uniform Case Management Plan to include new language regarding summary judgment motions.
Federal Bar Update: Confidentiality not always enforceable
As federal practitioners know, the 7th Circuit is particularly strict about protecting public access to federal court filings.
Federal Bar Update: Southern District amends civil and criminal rules
Effective 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).
Federal Bar Update: Dec. 1 rule changes now in effect
As 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).
Federal Bar Update: Federal rule changes take effect Dec. 1
Significant rule changes are occurring to various district rules and local rules next month.
Federal Bar Update: Client representative at settlement conferences
In the Southern District of Indiana, settlement conferences are routinely held in most civil cases before the assigned magistrate judge.
Federal Bar Update: More federal rule changes on horizon
For 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.
Federal Bar Update: Permissible fishing in discovery process
John Maley writes about how one recent discovery order is interesting and has potential broader significance beyond the dispute
between the parties.
Federal Bar Update: New FRCP 15(a) is a little-noticed rules amendment
As 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.
Federal Bar Update: Diversity test for corporations now settled
For diversity jurisdiction purposes, one area of uncertainty for many years has been how to determine the citizenship of a
corporation.