Articles From Stanley N. Wasser

Navigating the Termination for Convenience By Stanley N. Wasser Construction Law, December 2023 Termination for convenience clauses allow an owner to terminate the construction contract for any reason and without fault by the contractor. 
The Unknown and Unusual: Type II Differing Site Conditions By Stanley N. Wasser Construction Law, April 2022 It is not uncommon on construction projects to encounter unexpected site conditions that impact a project’s schedule and the cost of construction.
Understanding the Fifth Amendment: Privilege in a Federal Civil Case By Stanley N. Wasser Federal Civil Practice, June 2021 The privilege against self-incrimination takes on heightened importance where your client is facing simultaneous civil and criminal liability due to ongoing parallel civil and criminal proceedings.
The Federal False Claims Act: A Primer By Stanley N. Wasser Federal Civil Practice, September 2020 An overview of the False Claims Act, which addresses all fraudulent attempts to cause the federal government to pay out monies.
A Few Interesting Practice Issues That You May Not Regularly Deal With By Stanley N. Wasser Commercial Banking, Collections, and Bankruptcy, May 2020 A look at how to handle issues you may not come across regularly in your federal civil practice.
A Few Interesting Practice Issues That You May Not Regularly Deal With By Stanley N. Wasser Federal Civil Practice, March 2020 A look at how to handle issues you may not come across regularly in your federal civil practice.
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Starting your business venture: Some basic considerations By Stanley N. Wasser Law Related Education for the Public, May 2019 Practical advice for starting your business.
I am appointing you to handle a 2255 case By Stanley N. Wasser Federal Civil Practice, March 2019 The basics for handling your appointment to a case brought under 28 U.S.C. § 2255.
Discovery in construction litigation: Tread lightly By Stanley N. Wasser & Howard W. Feldman Construction Law, May 2018 It is important for us to take care in how we respond to discovery requests—including the making of boilerplate discovery objections.
Boilerplate objections in discovery—Tread lightly By Stanley N. Wasser Federal Civil Practice, December 2017 Are you addicted to responding to discovery requests with boilerplate objections? Well your cure might be a read of Judge Mark W. Bennett’s March 13, 2017 Memorandum Opinion in Liguria Foods, Inc. v. Griffith Labs., Inc.
Why construction law? By Stanley N. Wasser Construction Law, March 2017 Trying to decide which area of law to practice? Here's why you should consider construction law.
An introduction to Section 1983 claims in prisoner litigation By Stanley N. Wasser Federal Civil Practice, December 2016 This article is intended to provide a basic primer regarding Section 1983 and the issues the practitioner will need to learn about and address in handling a prisoner litigation case.
So you’ve been asked to take a prisoner litigation case By Stanley N. Wasser Federal Civil Practice, June 2016 Yes, as a member of the federal bar, you may be called upon to take on a prisoner litigation case. Here's what you need to know.
Posttrial motions—Did the jury get it right? By Stanley N. Wasser Federal Civil Practice, December 2015 Following the return of verdict and the entry of judgment thereon, you may receive in the mail one or two motions: one filed under Federal Rule of Civil Procedure 50(b) and one filed under Federal Rule of Civil Procedure 59. A Rule 59 post-trial motion may be filed separately, either in conjunction with or as an alternative to a Rule 50(b) motion. Here is a primer to help you get started.
Is it time to answer?—Rule 12(a)(4)(A) By Stanley N. Wasser Federal Civil Practice, December 2014 Once the federal court denies your Rule 12 motion, you have 14 days to file your answer or seek leave to file a motion pursuant to FRCP 6(b)(1)(B) for an extension of time to file your answer demonstrating excusable neglect why you did not file your answer within the 14-day time period of FRCP 12(a)(4)(A).
The “construction exemption” for contractor unfunded pension withdrawal liability By Stanley N. Wasser Construction Law, October 2014 A look at some of the basic concepts that must be understood for advising construction contractor clients whether the “construction exemption” will protect their client from unfunded pension withdrawal liability.
FRCP 12(c) - Motion for Judgment On The Pleadings: A useful tool for both plaintiffs and defendants By Stanley N. Wasser Federal Civil Practice, December 2013 A guide for practitioners using a Rule 12(c) motion.
FRCP 12(c) - Motion for judgment on the pleadings: A useful tool for both plaintiffs and defendants By Stanley N. Wasser Corporate Law Departments, November 2013 Given that a computer research search for “12(c)” federal cases this year to date turns up over a thousand case citations, having a good handle on when to use or how to defend against a Rule 12(c) motion is something that federal court practitioners should seriously consider.
ARRA domestic source requirements: “Buy American”—A complex maze having serious non-compliance consequences By Stanley N. Wasser Construction Law, May 2012 This article is intended to provide you with basic guidance for what you will find is a complex issue having potential serious non-compliance consequences.
The Rule 30(B)(6) witness deposition—A primer By Stanley N. Wasser Federal Civil Practice, September 2011 An helpful explanation of Federal Rule of Civil Procedure 30(b)(6).  
Why state court practitioners need to know a little about federal civil practice By Stanley N. Wasser Federal Civil Practice, December 2010 If you need a federal official or employee as a witness, be prepared to possibly find yourself in a federal judicial review proceeding under the federal Administrative Procedure Act while you are litigating your state court case.
Chair’s Column By Stanley N. Wasser Alternative Dispute Resolution, May 2008 I would like to begin this column by thanking all of the ADR Section Council members whose knowledge, hard work, inventiveness and dedication make our ADR Section Council a dynamic entity that serves the members of the Illinois State Bar Association, that seeks to enhance and improve the workings of the Illinois court system and who are dedicated to concept that our clients and the public at large–individual, business, government–deserve at times a better way to resolve the inevitable disputes that may arise in our daily comings and goings.
Chair’s Column By Stanley N. Wasser Alternative Dispute Resolution, April 2008 With mind over matter, I see spring coming and that means baseball.
Chair’s Column By Stanley N. Wasser Alternative Dispute Resolution, February 2008 A message from Section Chair Stanley N. Wasser.
Chair’s Column By Stanley N. Wasser Alternative Dispute Resolution, October 2007 Welcome to the 2007-08 ISBA Alternative Dispute Resolution Section Council season. I want to begin by thanking ISBA President Joseph Bisceglia for appointing me as this year’s section council chair.
Case summaries By Stanley N. Wasser Alternative Dispute Resolution, May 2005 Recent cases of interest to ADR practitioners.
Alternative dispute resolution: Making a federal case out of a simple breach of a construction contract case By Stanley N. Wasser Alternative Dispute Resolution, April 2005 Out-of-state arbitration issues in construction cases can be a sticky wicket.

Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.

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