2006 Articles

CAFA-7th Circuit Update By William J. Brinkmann March 2006 Since the Class Action Fairness Act, was signed into law by President Bush on February 18, 2005, certain provisions of the new law have been interpreted in the district courts of Illinois and by the 7th Circuit Court of Appeals.

From the Chair By Lara L. Quivey June 2006 Having been a member of the Federal Civil Practice Section Council since its inception, I have had the opportunity to watch it grow from a special committee—with the goal of implementing reciprocal admission rules for the Northern, Central, and Southern districts—to a full-fledged section council.

Judicial Profile: Chief Judge James F. Holderman of the Northern District of Illinois By Devlin J. Schoop December 2006 On February 25, 1985, President Ronald Reagan nominated James F. Holderman to serve as a United States District Judge for the Northern District of Illinois.

Judicial Profile: Hon. Virginia M. Kendall of the Northern District of Illinois September 2006 Judge Virginia M. Kendall is the newest appointed Article III district judge in the Northern District of Illinois. She was nominated by President Bush on September 28, 2005 with the bipartisan support of U.S. Senators Richard Durbin and Barack Obama.

Judicial Profile: Judge Samuel Der-Yeghiayan September 2006 Once you speak with Judge Sam Der-Yeghiayan for a few minutes, you realize how hard work (and a little luck) can make dreams come true.

Judicial Profile: Michael P. McCuskey, Chief Judge of the Central District of Illinois September 2006 Michael P. McCuskey has had a distinguished career in the law, having served the Central Illinois area as both a lawyer and judge since 1975.

Jury trial innovations: 7th Circuit project By William J. Brinkmann September 2006 The Seventh Circuit Bar Association has recently completed testing throughout the Seventh Circuit District Courts of seven concepts designed to improve civil jury trials.

Profile of Judge Mark Filip By Travis J. Ketterman March 2006 Growing up in Chicago, Mark Filip felt inspired to attend law school based, in large part, on the Greylord scandal.

The role of Magistrate Judges in federal civil practice By Magistrate Judge David Bernthal September 2006 A United States Magistrate Judge is a federal trial judge appointed to serve in a United States District Court for a term of eight years.

Rule 50 motions: Effective and proper use of motions for judgment as a matter of law By Travis J. Ketterman June 2006 Rule 50 of the Federal Rules of Civil Procedure sets forth the procedural and substantive requirements for seeking a judgment as a matter of law in a jury trial.

Rule 68: Offer of judgment By Patricia M. Fallon March 2006 Rule 68 of the Federal Rules of Civil Procedure encourages parties to settle out of court by providing a party defending against a claim the opportunity to make a special offer of judgment at any time more than 10 days before the trial begins.

Seventh Circuit speaks on Abstention Doctrine By Stephen E. Balogh & Adam M. Fleming September 2006 Recently, in Tyrer v. City of South Beloit, the U.S. Court of Appeals for the Seventh Circuit provided further guidance on the federal abstention doctrine.

The Supreme Court enforces employer health plan reimbursement provisions By Travis J. Ketterman December 2006 In a unanimous decision, the U.S. Supreme Court recently ruled that a health plan may enforce a reimbursement provision against a participant who receives medical benefits and later recovers from a third party in a tort claim.

Things to bear in mind when moving to dismiss under Rule 12(b) By Judge James F. Holderman March 2006 A motion to dismiss under Federal Rule of Civil Procedure 12(b) can be an effective way for an attorney defending a party in a federal civil case to curtail the litigation against his or her client. Any attorney contemplating filing such a motion, however, should bear several things in mind.