Articles on Federal Civil Practice

The Case for Drawing Reasonable—and Only Reasonable—Factual Inferences in Analyzing Rule 12(b)(6) Motions to Dismiss By Judge Iain D. Johnston Federal Civil Practice, March 2022 In the context of Rule 12(b)(6) motions to dismiss, the seventh circuit has articulated several different standards for drawing factual inferences.
Presuit Lawyer Information Preservation Duties By Professor Jeffrey A. Parness Federal Civil Practice, December 2021 Judicial sanctions for lawyer failures in preserving information relevant to anticipated/current federal civil actions have changed significantly in the last 15 years. 
Illinois Federal Courts Split on Covid-19 Business Interruption Insurance Cases By Daniel Thies & Ryan Burroughs Federal Civil Practice, June 2021 For over a year now, federal courts have grappled with the legal fallout of the pandemic. One area with significant action is claims for business interruption insurance due to COVID-19.
Understanding the Fifth Amendment: Privilege in a Federal Civil Case By Stanley N. Wasser Federal Civil Practice, June 2021 The privilege against self-incrimination takes on heightened importance where your client is facing simultaneous civil and criminal liability due to ongoing parallel civil and criminal proceedings.
What’s App: Government Apps for You Elder Law, January 2021 A look at the federal government apps designed to help you with your practice.
Federal Presuit Information Preservation Orders By Jeffrey A. Parness Federal Civil Practice, December 2020 Federal civil procedure laws allowing presuit information preservation orders by courts should be expanded in order to promote greater compliance with current substantive and procedural laws on the duties of preserving civil litigation information. 
What Are Costs That You Can Recover on State Law Actions Filed in Federal Court? By Ambrose V. McCall Federal Civil Practice, December 2020 A look at the costs that can be recovered on state law actions filed in federal court.
What’s App: Government Apps for You Federal Civil Practice, December 2020 A look at the federal government apps designed to help you with your practice.
The Federal False Claims Act: A Primer By Stanley N. Wasser Federal Civil Practice, September 2020 An overview of the False Claims Act, which addresses all fraudulent attempts to cause the federal government to pay out monies.
Trial Court Errs in Denying Motion to Intervene as a Matter of Right By Michael R. Lied Federal Civil Practice, September 2020 A summary of Driftless Area Land Conservancy & Wisconsin Wildlife Federation v. Huebsch, et al.
Proposed Changes to FRAP 3 Face Rare Pushback From Judiciary By Daniel Thies Federal Civil Practice, June 2020 A look at a recent Federal Rule of Appellate Procedure issue that arose out of the eighth circuit.
A Few Interesting Practice Issues That You May Not Regularly Deal With By Stanley N. Wasser Commercial Banking, Collections, and Bankruptcy, May 2020 A look at how to handle issues you may not come across regularly in your federal civil practice.
A Few Interesting Practice Issues That You May Not Regularly Deal With By Stanley N. Wasser Federal Civil Practice, March 2020 A look at how to handle issues you may not come across regularly in your federal civil practice.
1 comment (Most recent May 8, 2020)
Proposed Amendments to Disclosure Required by Rule 7.1 of the Federal Rules of Civil Procedure By Patricia S. Smart Federal Civil Practice, March 2020 The Administrative Office of the U.S. Courts’ Advisory Committee on Civil Rules has recommended amendments to Rule 7.1 of the Federal Rule of Civil Procedure. If approved, the amendments will go into effect on December 1, 2021.
Appeal Rules Trap Appellants By Michael R. Lied Federal Civil Practice, September 2019 Summaries of Nestorovic v. Metro. Water Reclamation District and In re Wade.
Nationwide Injunctions and the Sanctuary City Controversy By Carter S. Plotkin Federal Civil Practice, September 2019 A brief introduction to nationwide injunctions and discussion of the City of Chicago v. Barr  sanctuary city controversy.
Settlement Assistance Program By Kathryn Kelly Federal Civil Practice, September 2019 The Settlement Assistance Program is a court-wide program that provides pro se litigants the benefit of a free attorney at settlement conferences.
Filing under seal in federal court: A suggestion for reform By Daniel R. Thies Federal Civil Practice, June 2019 In Illinois, motions to seal must be filed before or simultaneously with the main filing to which it relates.
The northern district’s MIDP in cases removed from state court By Timothy J. Chorvat Federal Civil Practice, June 2019 The Northern District of Illinois’s Mandatory Initial Discovery Pilot Program changes discovery procedures, particularly when cases are removed from state court.
Supreme Court signals continued concern about cy pres awards in class actions By Nemura Pencyla Federal Civil Practice, June 2019 In Frank v. Gaos, the U.S. Supreme Court did not rule on the cy pres issue but rather remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
I am appointing you to handle a 2255 case By Stanley N. Wasser Federal Civil Practice, March 2019 The basics for handling your appointment to a case brought under 28 U.S.C. § 2255.
Courts weigh in on judicial notice By Michael R. Lied Federal Civil Practice, December 2018 Summaries of Khoja v. Orexigen Therapeutics, Inc. and In the Matter of Steven Robert Lisse, two recent cases that discuss the concept of judicial notice.
Dec. 1, 2018 amendments to the Federal Rules of Civil Procedure By Patricia S. Smart Federal Civil Practice, November 2018 An overview of the amendments to rules 5, 23, 62, and 65 fo the Federal Rules of Civil Procedure that will take effect on December 1. 
Northern District Mandatory Initial Discovery Pilot Project passes one-year mark Federal Civil Practice, November 2018 An updated on the Northern District of Illinois on Mandatory Initial Discovery Pilot Project after its first year.
The Seventh Circuit Electronic Discovery Pilot Program gets new name, website Federal Civil Practice, November 2018 Updates on the Seventh Circuit Electronic Discovery Pilot Program.
Batson turns 30 but still has growing pains By Tom Schanzle-Haskins Racial and Ethnic Minorities and the Law, May 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.
Batson turns 30 but still has growing pains By Tom Schanzle-Haskins Federal Civil Practice, 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.
Mooting ahead of class certification after Campbell-Ewald Co. v. Gomez By Ken Stalkfleet Federal Civil Practice, 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.
Is it time to answer?—Rule 12(a)(4)(A) By Stanley N. Wasser Federal Civil Practice, December 2014 Once the federal court denies your Rule 12 motion, you have 14 days to file your answer or seek leave to file a motion pursuant to FRCP 6(b)(1)(B) for an extension of time to file your answer demonstrating excusable neglect why you did not file your answer within the 14-day time period of FRCP 12(a)(4)(A).
The Northern District of Illinois’ Settlement Assistance Program: Assuring equal justice through equal access By Jennifer Purcell Federal Civil Practice, April 2014 An overview of program and a look at the systemic legal and social justifications that may encourage other districts to consider adopting a similar program.

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