Illinois Bar Journal


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Articles on Federal Civil Practice

Only actual conflicts between state laws require choice-of-law determinations August 2014 Illinois Law Update, Page 372 On May 22, 2014, the Illinois Supreme Court held that a choice-of-law determination is required only if there is an actual conflict between state laws.
Federal Administrative Law Part 3: Agency Decisions and Guidance Documents By Tom Gaylord November 2011 Column, Page 586 Here's how to find these useful resources on the web.
Federal Administrative Law, Part 2: Online CFR and LSA By Tom Gaylord March 2011 Column, Page 156 You can use the online CFR to find the very latest regs and the LSA to verify their accuracy.
Non-identical Twins: The Illinois and Federal Rules of Evidence By Professor Jeffrey A. Parness December 2010 Column, Page 642 Important differences between the two limit the persuasive power of federal precedents in Illinois.
Can you stay a federal appellate court ruling while your petition for cert is pending? By Helen W. Gunnarsson October 2010 LawPulse, Page 502 Maybe, if you can show a reasonable chance of succeeding at the Supreme Court level and irreparable harm if the stay isn't granted. You've taken a case through federal district court and the seventh circuit court of appeals. The result wasn't exactly what you wanted for your client, but the court has issued its mandate and you can no longer move for rehearing.
Can you cite to unpublished opinions? By Helen W. Gunnarsson June 2010 LawPulse, Page 286 In Illinois state court, no. In Illinois-based federal district courts, yes.
Collecting on a federal-court judgment By Helen W. Gunnarsson February 2010 LawPulse, Page 66 Here's a step-by-step guide to actually getting that money you won for your client in federal court. The key: effectively using the powerful citation to discover assets.
Iqbal: a “dangerous” tightening of federal pleading standards? By Helen W. Gunnarsson December 2009 LawPulse, Page 598 Critics of this game-changing Supreme Court ruling argue that it will deny a day in court to large numbers of deserving litigants.
Pleading in the Seventh Circuit after Bell Atlantic : “Fact,” “Notice,” or Otherwise? By Nathan T. Kipp February 2008 Article, Page 82 In Bell Atlantic, the U.S. Supreme Court announced a new federal pleading standard. But its impact on federal pleading practice in Illinois is unclear.
Three flavors of federal e-filing By Helen W. Gunnarsson December 2007 LawPulse, Page 622 Effective last month, all three federal district courts accept electronically filed complaints – but each has different procedures.
Does your order of dismissal do the job? By Helen W. Gunnarsson July 2007 LawPulse, Page 342 Case law from the United States Supreme Court and the seventh circuit interpreting the federal rules can make it hard for settling parties to draft orders of dismissal that allow the judge to retain jurisdiction.
New rule allows citation of unpublished federal opinions By Helen W. Gunnarsson February 2007 LawPulse, Page 66 Federal appellate courts used to restrict or prohibit citation of unpublished opinions in arguments to the courts. That changed January 1.
Lawpulse Have you been bench-slapped by the 7CA? By Helen W. Gunnarsson January 2007 LawPulse, Page 8  Are seventh circuit justices' public scoldings of attorneys for defective jurisdictional statements disproportionately harsh?
Coming soon: new federal e-discovery rules By Helen W. Gunnarsson November 2006 LawPulse, Page 578 Among other things, the amendments, effective December 1, allow routine purging of and address inadvertent disclosure of electronic data.
Appointed Attorneys for Indigent Civil Litigants in Federal Court: the Illinois Experience By John Rearden, Jr. July 2006 Article, Page 369 A look at how Illinois-based federal district courts appoint counsel for indigent civil litigants, including standby counsel for pro se claimants.
Playing the Rule 68 card By Helen W. Gunnarsson May 2006 LawPulse, Page 222 FRCP 68 can encourage settlement, but it also confronts counsel for plaintiffs and defendants with some high-stakes challenges. 
Deadline Extensions in Federal Court: The Procrastinator’s Guide By Neil Dishman July 2005 Article, Page 354 You just blew a crucial deadline – will the judge grant you more time? This explains which excuses work best.
Thomas: Another twist in the fair-debt-collection knot By Helen W. Gunnarsson February 2005 LawPulse, Page 62 If you do any collection work, be sure to read this new case from the seventh circuit.
Maximizing Your Client’s Recovery Under the Federal Tort Claims Act By Thomas A. Kantas February 2003 Article, Page 76 An FTCA provision limits awards to the amount presented in the claim. This article explains how to get the most for your client.
Federal Boat Safety Act impliedly preempts failure-to-install claim November 2001 Illinois Law Update, Page 568 On August 16, 2001, the Illinois Supreme Court affirmed the lower court's holding that while the Federal Boat Safety Act (FBSA), 46 USC § 4301 et seq., does not explicitly preempt state common law causes of action based on a manufacturer's failure to install propeller guards on boat engines, such claims are impliedly preempted.
The Lawyer’s Journal By Bonnie C. McGrath August 2001 Column, Page 394 Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.
The Lawyer’s Journal By Bonnie Fitzgerald McGrath November 1998 Column, Page 590 Post-Ellerth business boom?