Illinois Bar Journal

Subject Index Federal Civil Practice

Nonparty Discovery & the Federal Arbitration Act

By Mitchell L. Marinello & John Haarlow Jr.
November
2021
Article
, Page 34
Parties in federal arbitration can subpoena information from nonparties, but there are significant limitations—limitations that sometimes can be overcome.

Need the Fifth?

By Stanley N. Wasser
September
2021
Article
, Page 16
Federal civil law and the Fifth Amendment.

Sued for the Policy That Wasn’t: Section 1983 Liability after Glisson

By Thomas A. Drysdale
July
2018
Article
, Page 36
As long as an entity has given thought to a policy, it may be held liable for not enacting it if the policy would have prevented a plaintiff's injury. Introducing the wide-ranging implications of Glisson v. Indiana Department of Corrections.
1 comment (Most recent July 12, 2018)

Only actual conflicts between state laws require choice-of-law determinations

August
2014
Illinois Law Update
, Page 372
On May 22, 2014, the Illinois Supreme Court held that a choice-of-law determination is required only if there is an actual conflict between state laws.

Federal Administrative Law Part 3: Agency Decisions and Guidance Documents

By Tom Gaylord
November
2011
Column
, Page 586
Here's how to find these useful resources on the web.

Federal Administrative Law, Part 2: Online CFR and LSA

By Tom Gaylord
March
2011
Column
, Page 156
You can use the online CFR to find the very latest regs and the LSA to verify their accuracy.

Non-identical Twins: The Illinois and Federal Rules of Evidence

By Professor Jeffrey A. Parness
December
2010
Column
, Page 642
Important differences between the two limit the persuasive power of federal precedents in Illinois.

Can you cite to unpublished opinions?

By Helen W. Gunnarsson
June
2010
LawPulse
, Page 286
In Illinois state court, no. In Illinois-based federal district courts, yes.

Collecting on a federal-court judgment

By Helen W. Gunnarsson
February
2010
LawPulse
, Page 66
Here's a step-by-step guide to actually getting that money you won for your client in federal court. The key: effectively using the powerful citation to discover assets.

Iqbal: a “dangerous” tightening of federal pleading standards?

By Helen W. Gunnarsson
December
2009
LawPulse
, Page 598
Critics of this game-changing Supreme Court ruling argue that it will deny a day in court to large numbers of deserving litigants.

Pleading in the Seventh Circuit after Bell Atlantic : “Fact,” “Notice,” or Otherwise?

By Nathan T. Kipp
February
2008
Article
, Page 82
In Bell Atlantic, the U.S. Supreme Court announced a new federal pleading standard. But its impact on federal pleading practice in Illinois is unclear.

Three flavors of federal e-filing

By Helen W. Gunnarsson
December
2007
LawPulse
, Page 622
Effective last month, all three federal district courts accept electronically filed complaints – but each has different procedures.

Does your order of dismissal do the job?

By Helen W. Gunnarsson
July
2007
LawPulse
, Page 342
Case law from the United States Supreme Court and the seventh circuit interpreting the federal rules can make it hard for settling parties to draft orders of dismissal that allow the judge to retain jurisdiction.

New rule allows citation of unpublished federal opinions

By Helen W. Gunnarsson
February
2007
LawPulse
, Page 66
Federal appellate courts used to restrict or prohibit citation of unpublished opinions in arguments to the courts. That changed January 1.

Lawpulse Have you been bench-slapped by the 7CA?

By Helen W. Gunnarsson
January
2007
LawPulse
, Page 8
 Are seventh circuit justices' public scoldings of attorneys for defective jurisdictional statements disproportionately harsh?

Coming soon: new federal e-discovery rules

By Helen W. Gunnarsson
November
2006
LawPulse
, Page 578
Among other things, the amendments, effective December 1, allow routine purging of and address inadvertent disclosure of electronic data.

Appointed Attorneys for Indigent Civil Litigants in Federal Court: the Illinois Experience

By John Rearden Jr.
July
2006
Article
, Page 369
A look at how Illinois-based federal district courts appoint counsel for indigent civil litigants, including standby counsel for pro se claimants.

Playing the Rule 68 card

By Helen W. Gunnarsson
May
2006
LawPulse
, Page 222
FRCP 68 can encourage settlement, but it also confronts counsel for plaintiffs and defendants with some high-stakes challenges. 

Deadline Extensions in Federal Court: The Procrastinator’s Guide

By Neil Dishman
July
2005
Article
, Page 354
You just blew a crucial deadline – will the judge grant you more time? This explains which excuses work best.

Thomas: Another twist in the fair-debt-collection knot

By Helen W. Gunnarsson
February
2005
LawPulse
, Page 62
If you do any collection work, be sure to read this new case from the seventh circuit.

Maximizing Your Client’s Recovery Under the Federal Tort Claims Act

By Thomas A. Kantas
February
2003
Article
, Page 76
An FTCA provision limits awards to the amount presented in the claim. This article explains how to get the most for your client.

Federal Boat Safety Act impliedly preempts failure-to-install claim

November
2001
Illinois Law Update
, Page 568
On August 16, 2001, the Illinois Supreme Court affirmed the lower court's holding that while the Federal Boat Safety Act (FBSA), 46 USC § 4301 et seq., does not explicitly preempt state common law causes of action based on a manufacturer's failure to install propeller guards on boat engines, such claims are impliedly preempted.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2001
Column
, Page 394
Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.

The Lawyer’s Journal

By Bonnie Fitzgerald McGrath
November
1998
Column
, Page 590
Post-Ellerth business boom?

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