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

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Newsletter articles from 2013

Announcements December 2013 Two news items to take note of.
Chief Judge James F. Holderman’s final “State of the Court” address By Hon. James F. Holderman June 2013 Judge Holderman's seven-year term as chief judge of the United States District Court for the Northern District of Illinois will expire on July 1, 2013.
Designating an attorney as a FRCP 30(b)(6) or Ill.S.Ct. Rule 206(a)(1) deposition witness By R. Stephen Scott and Pamela E. Hart March 2013 There appears to not be a bright-line rule to designate an attorney to serve as the 30(b)(6) witness for a corporation. It is a case-by-case analysis, with preference given to knowledgeable corporate executives to protect the attorney-client privilege.
Emergency motions… is there really a fire? By Lisle A. Stalter September 2013 The author provides a review of the rules applicable to emergency motions.
The evolving and murky world of ERISA damages . . . . I mean equitable remedies By Glenn R. Gaffney March 2013 This article outlines the court’s evolving use of equitable terms and concepts so as to provide jilted plan beneficiaries with make-whole relief resulting in a monetary judgment under ERISA’s statutory provision of “other appropriate equitable relief.”
The Forum-Defendant rule bars removal of citation action By Ambrose V. McCall September 2013 Before pursuing removal, counsel should check the statutory maps related to their causes of action to see if they show an exit ramp leading back to state court.
FRCP 12(c) - Motion for Judgment On The Pleadings: A useful tool for both plaintiffs and defendants By Stanley N. Wasser December 2013 A guide for practitioners using a Rule 12(c) motion.
High court allows class arbitration award to stand By Michael R. Lied June 2013 Predictably, disputes over arbitration agreements and awards will continue. However, Oxford Health Plans v. Sutter gives the parties an opportunity to carefully draft arbitration agreements to prevent class arbitration.
Iain Johnston: Our new Federal Magistrate Judge By Eugene G. Doherty September 2013 Learn more about Magistrate Judge Iain D. Johnston, who has been selected to succeed P. Michael Mahoney in the Western Division of the U.S. District Court for the Northern Division of Illinois. 
Judicial profile: John J. Tharp, Jr. By Kathryn A. Kelly June 2013 Learn more about Judge Tharp, who was appointed to the bench last year.
Judicial profile: Thomas M. Durkin By Kathryn A. Kelly September 2013 The Section on Federal Civil Practice continues its tradition of introducing you to our new judges and brings you a profile of Judge Tom Durkin.
Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff December 2013 Read more about this important program and sign up to become a mentor today!
Significant amendments to Rule 45 of the Federal Rules Of Civil Procedure are in effect as of December 1, 2013 By Patricia S. Smart December 2013 The amendments create significant changes to federal subpoena practice.
Supreme Court affirms award of costs to defendant under F.R.CIV.P. 54 (d)(1) By Michael R. Lied September 2013 A summary of Marx v. General Revenue Corp.
Update on expert practice: Expert discovery By Jo Anna Pollock December 2013 Save the date for "Experts Exposed: Expert Practice in Federal Court from A to Z," which will take place on February 21, 2014. 
What’s “plausible” in the post-Twombly and Iqbal world? A review of recent Seventh Circuit decisions By Jo Anna Pollock March 2013 A review of recent Seventh Circuit cases that have interpreted Twombly and Iqbal, and a look at how both plaintiffs and defendants should characterize a plaintiff’s complaint when arguing whether a plaintiff failed to state a claim pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6).