Federal Civil Practice

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

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2024 Articles

ADA ‘Tester’ Standing Case Evades U.S. Supreme Court Review—For Now By Todd Rosenbaum & Sebastian Navarro February 2024 As the United States Supreme Court was on the cusp of resolving a circuit split concerning the propriety of “tester” standing under Title III of the Americans with Disabilities Act, the self-avowed ADA tester who was responsible for creating the circuit split by filing lawsuits in numerous jurisdictions voluntarily dismissed the case on appeal from the U.S. District Court for the District of Maine.
Disclosure of Document Preservation Efforts – What’s Required? By Tim O’Shea June 2024 The recent federal court decision in Doe LS 340 v. Uber Technologies, Inc. sheds light on what may be required for disclosure of document preservation efforts.
Getting Help: It’s OK August 2024 Resources for lawyers who are struggling with substance abuse issues or mental health conditions.
An Introduction to the Illinois Court of Claims for Federal Practitioners By Daniel Thies & Grace Li February 2024 Federal practitioners are often not aware of the Illinois Court of Claims or the jurisdictional hurdles and opportunities that it presents.
Pro Se Plaintiff Comes Up Short at Trial and On Appeal By Michael Lied February 2024 A summary and analysis of Williams v. DeJoy.
The Seventh Circuit Derails Mass Arbitration Tactics By Gerald L. Maatman, Jr., Eden E. Anderson, Rebecca S. Bjork, & Ryan T. Garippo August 2024 On July 1, 2024, in Wallrich, et al. v. Samsung Electronics America, Inc., the U.S. Court of Appeals for the Seventh Circuit dealt a major blow to mass arbitrations.
Seventh Circuit Grants Stay and Expedited Appeal of Order Requiring Samsung to Pay Initial Arbitration Fees for 36,000 Claimants By Allen Garrett February 2024 In the wake of a series of U.S. Supreme Court decisions upholding individual arbitration agreements with class action waivers, numerous companies have included such arbitration agreements as part of their terms and conditions.
The Supreme Court Ends Practice of Dismissing, Rather Than Staying, Lawsuits Compelled to Arbitration By Luis A. Perez, Ildefonso P. Mas, & Nikolas L. Volosin June 2024 On May 16, 2024, the Supreme Court unanimously decided in Smith v. Spizziri that the Federal Arbitration Act divests federal district courts of any discretion to dismiss arbitrable claims that are compelled to arbitration.
Supreme Court Rules That Judges—Not Arbitrators—Must Resolve Disputes Where Various Agreements May Govern a Particular Dispute and Those Agreements Conflict on the Forum for Deciding Arbitrability By Alejandro E. Moreno & Tori D. Kutzner June 2024 In Coinbase, Inc. v. Suski, the U.S. Supreme Court once again delved into the frequently litigated arena of arbitration agreements. 
Traditional Equitable Principles Guide NLRB Section 10(j) Preliminary Injunctions By Jacqueline Longfellow & Nicholas Ruble August 2024 The U.S. Supreme Court rejects special injunction rules for NLRB cases, applying traditional equitable framework.