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: John Maley
Articles
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.
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.
Federal Bar Update: Southern District of Indiana adopts rule amendments
The Southern District has amended several Local Rules. These were approved in late December and took effect Jan. 1.
Federal Bar Update: Rule changes, 7th Circuit procedural decisions
As federal practitioners know, each Dec. 1 new federal rule amendments take effect. In most recent years there have been significant changes to Federal Rules of Civil Procedure each December.
Federal Bar Update: Northern, Southern District courts cleaning up local rules
Local Rule amendments are in the works in the Northern District and Southern District of Indiana, with amendments to take effect Jan. 1.
Federal Bar Update: Opinion provides insight on attorney fees in FDCPA cases
Federal courts routinely determine fee petitions for prevailing parties in various fee-shifting cases. A recent opinion from Magistrate Judge Denise LaRue illustrates guiding principles here.
Federal Bar Update: No changes to federal rules this year
Federal rule amendments take affect Dec. 1 of each year after a lengthy, time-consuming process of transmittal from the Judicial Conference to the Supreme Court and then to Congress. This coming December, for the first time in many years, there are no amendments on the horizon for the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, or Federal Rules of Evidence.
Federal Bar Update: 6-month update on changes to removal statutes
As readers will recall, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 took effect Jan. 6. Since the act took effect, it has been cited by name in 13 reported decisions, most of which simply deal with the effective date of the act.
Federal Bar Update: Uniform Case Management Plan changes
The Southern District of Indiana recently modified two sections of the court’s Uniform Case Management Plan regarding experts.
Federal Bar Update: Removal and venue changes now in effect
Maley writes about the Federal Courts Jurisdiction and Venue Clarification Act of 2011.
Federal Bar Update: Removal and venue changes are on the horizon
With the recent passage of the Federal Courts Jurisdiction and Venue Clarification Act of 2011, key statutory changes to removal and venue are on the horizon.
Federal Bar Update: Comments sought for changes to local rules
John Maley writes about changes coming to local rules in each District Court.
Federal Bar Update: Comments accepted on Rule 45 amendments
John Maley discusses proposed rule amendments and a study on 12(b)(6) motions.
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).