Federal Civil Practice

The newsletter of the ISBA’s Section on Federal Civil Practice

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2016 Articles

7th Circuit E-Discovery Pilot Program”: Mediation Program April 2016 The Seventh Circuit E-Discovery Pilot Program has a new mediation program, free to litigants and specializing in e-discovery issues in small cases.
Batson turns 30 but still has growing pains By Tom Schanzle-Haskins April 2016 Though the Batson holding has been in effect for 30 years, the Courts and commentators still grapple with how to best implement it in the trial court.
The Defend Trade Secrets Act—New employer rights and responsibilities By Michael R. Lied June 2016 Businesses now can bring trade secret claims under federal as well as state law and can litigate trade secret claims in federal court without having to establish another basis for jurisdiction.
The effects of the December 1, 2015 amendments from one judge’s perspective By Iain D. Johnston September 2016 U.S. Magistrate Judge Iain Johnston shares how the amended Federal Rules have affected his courtroom.
Employer fails in bid for removal under 28 U.S.C. § 1332 By Michael R. Lied June 2016 A summary of the recent case of John Stell and Charles Williams, Jr. v. Gibco Motor Express, LLC.
An introduction to Section 1983 claims in prisoner litigation By Stanley N. Wasser 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.
Judicial profile: Manish Shah By Kathryn A. Kelly April 2016 Learn more about District Judge Manish Shah, who has been on the bench for nearly two years.
Juries, voir dire, and jury instructions: The fundamental parts of every civil federal jury trial By Arsenio L. Mims June 2016 It is imperative for attorneys to know how potential jurors are selected, how voir dire will be conducted, and how to begin drafting their proposed jury instructions for the court.
Lost Electronically Stored Information (ESI) By Jeffrey A. Parness September 2016 A review of the basic features of the new FRCP 37(e), its counterparts in Illinois, and its impact on all Illinois lawyers, wherever they practice.
Mooting ahead of class certification after Campbell-Ewald Co. v. Gomez By Ken Stalkfleet February 2016 The Supreme Court’s recent decision in Campbell-Ewald Co. v. Gomez closes the door on one strategy for rendering a case moot prior to class certification while providing guideposts for possible future strategies.
The new Rules of Federal Procedure—They’re here By John J. Holevas February 2016 A highlight of five of the most significant changes to the discovery rules of the Federal Rules of Civil Procedure.
Operating under the amended Federal Rules 16 and 26 of Civil Procedure: A plaintiff’s lawyer’s perspective By Jo Anna Pollock September 2016 While the Federal Rules were amended to address discovery practice, the amendments are not as one-sided as they appear at first blush. Preparation coupled with reasonableness in your approach will net you the discovery that you need. 
Recent developments in the Seventh Circuit’s class action jurisprudence: Not as pro-plaintiff as they first appear By Daniel Thies April 2016 In the past two years the Seventh Circuit has issued a spate of decisions appearing to favor class plaintiffs.
The Seventh Circuit Electronic Discovery Pilot Program: The first seven years By Timothy J. Chorvat June 2016 Over the last seven years, the Pilot Program has promulgated principles designed to make discovery of electronically stored information (“ESI”) more efficient and cooperative, implemented those principles in hundreds of cases, and offered numerous educational programs to lawyers and others.
So you’ve been asked to take a prisoner litigation case By Stanley N. Wasser 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.
Summary judgment motion practice in the Central and Southern districts By Ambrose V. McCall February 2016 The case law and practice in the Central and Southern District suggest being mindful of all the local rules, including the following specific rules when preparing summary judgment motions and response briefs.
Summary judgment motion practice in the Northern District of Illinois By Regina W. Calabro April 2016 For district court and magistrate judges overseeing cases in the Northern District, counsel’s failure—or outright refusal—to comply with the local rules is a continuing source of frustration, as demonstrated by numerous decisions.
The summary judgment motion—The strategic decisions you need to make By Jo Anna Pollock February 2016 Summary judgment motions are paper trials and, as such, several strategic decisions need to be made before you decide whether to file the motion or how to oppose one.