Section Newsletters

Articles From Iain D. Johnston

Pattern Preliminary Civil Jury Instructions By Iain D. Johnston Federal Civil Practice, December 2022 One common way to familiarize the jury with the civil legal justice system generally and the task before it specifically is to provide the jury with preliminary instructions after the jury has been impaneled and sworn in.
The Case for Drawing Reasonable—and Only Reasonable—Factual Inferences in Analyzing Rule 12(b)(6) Motions to Dismiss By Judge Iain D. Johnston Federal Civil Practice, March 2022 In the context of Rule 12(b)(6) motions to dismiss, the seventh circuit has articulated several different standards for drawing factual inferences.
Pattern civil jury instructions for the seventh circuit By Judge Iain D. Johnston Federal Civil Practice, December 2018 An overview of pattern jury instructions and how they are created.
Has the Seventh Circuit finally (albeit indirectly) found that district courts should instruct juries that the preponderance of the evidence standard applies to claims under Section 1983 seeking punitive damages? Probably. By Iain D. Johnston Federal Civil Practice, December 2017 Although the Seventh Circuit has still not specifically held that the preponderance of the evidence standard applies to punitive damages for claims brought under Section 1983, Ramirez v. T&H Lemon, Inc. strongly signals that district courts should use this standard when instructing juries.
The effects of the December 1, 2015 amendments from one judge’s perspective By Iain D. Johnston Federal Civil Practice, September 2016 U.S. Magistrate Judge Iain Johnston shares how the amended Federal Rules have affected his courtroom.
A modest proposal for a better rule 30(b)(6) deposition By Hon. Iain D. Johnston Federal Civil Practice, June 2015 The next time “your friend” encounters this type of distasteful circumstance, consider the advice in this article.
Know the answer to federal jurisdiction By Hon. Iain D. Johnston & Mark Doherty Federal Civil Practice, September 2014 Counsel who fail to take the requirements of federal jurisdiction seriously do so at their own peril.
“Bring out your dead!”—Do Freedom of Information Act privacy exemptions survive death? By Heidi Steiner, Iain D. Johnston, & Yana Karnaukhov Local Government Law, October 2010 There is some authority that suggests that the right to privacy is diminished with death. But there is no federal or state statutory authority, advisory manual, or case law that specifically prohibits such redaction of private information.
Candygram: Serving complaints and subpoenas on local governments By Iain D. Johnston Local Government Law, March 2007 Local governments are often served with various legal documents relating to litigation. The three most common types of these documents are (1) summons/complaint, (2) subpoenas, and (3) complaints for administrative review.
Basics of employment discrimination: Who can sue whom for what By Iain D. Johnston Corporate Law Departments, August 1999 Title VII (42 U.S.C. section 2000e)
From the past chair By Iain D. Johnston Human and Civil Rights, August 1999 In the past several years as a member of this section council, I have been lucky to work with smart, interesting and fun lawyers and judges, whom I now consider my friends.
From the chair By Iain D. Johnston Human and Civil Rights, May 1999 This issue of the newsletter contains the agenda for a presentation sponsored by this section council and the Child Law Section Council.
Basics of employment discrimination: Who can sue whom for what By Iain D. Johnston Human and Civil Rights, February 1999 A plaintiff must exhaust administrative remedies under Title VII, ADEA and ADA, but need not exhaust administrative remedies for claims under sections 1983 and 1981.
From the chair By Iain D. Johnston Human and Civil Rights, February 1999 This edition of the newsletter contains material that arose from the Midyear Meeting.

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