The newsletter of the ISBA’s Section on Federal Civil Practice
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Newsletter articles from 2012
Cameras in the Courtroom Pilot Project
It has yet to go viral on YouTube, but the first video of a federal court proceeding in Chicago is now available for viewing on the U.S. District Court for the Northern District of Illinois’ Web site.
Confidentiality orders and filing under seal
The United States District Courts for the Northern and Southern Districts of Illinois recently revised rules relating to the filing of documents under seal. The District Court for the Northern District also adopted a Model Confidentiality Order earlier this year.
The demands of a jury demand
While the right to a jury trial is deemed a fundamental right, the right is not self-enforcing. Thus, a party seeking a jury trial—even a party with a cause of action that entitles the party to a jury—must affirmatively demand a jury trial. Rule 38(b) dictates the jury demand requirements.
FRCP 45—The toolbox of discovery has pending amendments
All Illinois counsel who practice in federal court may want to calendar a few dates in late 2012 or early 2013 to not only check on the status of FRCP 45, but to review their office procedures to see if they comply with the provisions detailing how we use one of our primary tools for conducting discovery.
Northern District welcomes Judge John Z. Lee
An immigrant who came to the United States in 1972 at the age of four, unable to even speak English, Judge Lee rose to become the first Korean American ever to serve as an Article III federal judge in the Northern District.
Plaintiffs strike out in bids for remand in Class Action Fairness Act cases
The Act creates federal diversity jurisdiction over certain class actions in which at least one member of the class is a citizen of a different state from any defendant. 28 U.S.C. § 1332(d)(2). The Act applies to any class action within the Act’s scope before or after the entry of a class certification order.
Reply briefs: Who speaks last to the court?
The Smith v. Bray opinion aids efforts to provide reply arguments, within the context of summary judgment, because the Seventh Circuit clarified that parties who were prevented from responding to new evidentiary issues at the trial court level will receive that opportunity on appeal.
Settlement offer defeats class action lawsuit
According to the appeals court in Damasco v. Clearwire Corporation, to allow a case to continue in federal court when the sole plaintiff no longer maintains a personal stake defies the limits on federal jurisdiction.