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

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Newsletter Articles From 2010

Admissibility of an expert opinion prior to or after class certification? By John J. Holevas June 2010 The 7th Circuit ultimately concluded that when an expert’s report or testimony is critical to class certification and forms the basis of plaintiff’s theory, a district court must conclusively rule on any challenge to the expert’s qualification or submissions prior to ruling on a class certification motion.
Before you rush to file a petition for writ of certiorari, you’d better think about a stay By Ambrose V. McCall September 2010 You are past the point of moving for rehearing. Now, as counsel for your client, you must recommend whether to file a petition for writ of certiorari. When so doing, you also wonder whether you can successfully move for a stay of the mandate.
Completing Phase One of the Seventh Circuit Electronic Discovery Pilot Program By Hon. James F. Holderman June 2010 The Seventh Circuit Electronic Discovery Pilot Program was initiated in May 2009. Phase One has been completed; the Committee will review the feedback it receives regarding Phase One and then commence Phase Two, which will run from July I, 2010 to May 1, 2011.
Courts dismiss complaints for failure to state a claim By Michael R. Lied June 2010 Courts in the Seventh Circuit are now regularly being asked to dismiss complaints under the new pleading standards.
New Procedural Rules—and more may be on the horizon By Camille M. Knight March 2010 Summaries of the amendments to the Federal Rules of Civil Procedure, local rules, and statutory changes.
Plaintiffs strike out in bids for remand in Class Action Fairness Act cases By Michael R. Lied September 2010 Summaries of the recent cases of Cunningham Charter Corporation v. Learjet, Inc. and In re: Burlington Northern Santa Fe Railway Co.
Question: How is the legal profession responding to the challenges of the recession? Answer: Alternative billing practices By Patrick T. Driscoll, Jr. and Patricia M. Fallon March 2010 A look at how the current economy is affecting billing practices.
Resolution of discovery issues when a cutoff date becomes unattainable By Peter LaSorsa December 2010 What to do when neither party is able to meet your already-extended discovery cut-off dates.
Welcome to the Federal Civil Practice Section By Travis J. Ketterman September 2010 The Section's Chair gives a glimpse into what lies ahead for members in the 2010-11 bar year.
Why state court practitioners need to know a little about federal civil practice By Stanley N. Wasser December 2010 If you need a federal official or employee as a witness, be prepared to possibly find yourself in a federal judicial review proceeding under the federal Administrative Procedure Act while you are litigating your state court case.
Why you might use stick pins when thinking about statutory coverage By Ambrose V. McCall December 2010 When reading the Supreme Court's analysis of Morrison v. National Australia Bank Ltd., one might find stick pins helpful to post the legislative framework on our walls for easier viewing.