Section Newsletters

Articles on Federal Civil Practice

The Seventh Circuit Derails Mass Arbitration Tactics By Gerald L. Maatman, Jr., Eden E. Anderson, Rebecca S. Bjork, & Ryan T. Garippo Federal Civil Practice, August 2024 On July 1, 2024, in Wallrich, et al. v. Samsung Electronics America, Inc., the U.S. Court of Appeals for the Seventh Circuit dealt a major blow to mass arbitrations.
Disclosure of Document Preservation Efforts – What’s Required? By Tim O’Shea Federal Civil Practice, June 2024 The recent federal court decision in Doe LS 340 v. Uber Technologies, Inc. sheds light on what may be required for disclosure of document preservation efforts.
The Supreme Court Ends Practice of Dismissing, Rather Than Staying, Lawsuits Compelled to Arbitration By Luis A. Perez, Ildefonso P. Mas, & Nikolas L. Volosin Federal Civil Practice, June 2024 On May 16, 2024, the Supreme Court unanimously decided in Smith v. Spizziri that the Federal Arbitration Act divests federal district courts of any discretion to dismiss arbitrable claims that are compelled to arbitration.
Supreme Court Rules That Judges—Not Arbitrators—Must Resolve Disputes Where Various Agreements May Govern a Particular Dispute and Those Agreements Conflict on the Forum for Deciding Arbitrability By Alejandro E. Moreno & Tori D. Kutzner Federal Civil Practice, June 2024 In Coinbase, Inc. v. Suski, the U.S. Supreme Court once again delved into the frequently litigated arena of arbitration agreements. 
Seventh Circuit Grants Stay and Expedited Appeal of Order Requiring Samsung to Pay Initial Arbitration Fees for 36,000 Claimants By Allen Garrett Corporate Law Departments, March 2024 In the wake of a series of U.S. Supreme Court decisions upholding individual arbitration agreements with class action waivers, numerous companies have included such arbitration agreements as part of their terms and conditions.
An Introduction to the Illinois Court of Claims for Federal Practitioners By Daniel Thies & Grace Li Federal Civil Practice, February 2024 Federal practitioners are often not aware of the Illinois Court of Claims or the jurisdictional hurdles and opportunities that it presents.
Pro Se Plaintiff Comes Up Short at Trial and On Appeal By Michael Lied Federal Civil Practice, February 2024 A summary and analysis of Williams v. DeJoy.
Seventh Circuit Grants Stay and Expedited Appeal of Order Requiring Samsung to Pay Initial Arbitration Fees for 36,000 Claimants By Allen Garrett Federal Civil Practice, February 2024 In the wake of a series of U.S. Supreme Court decisions upholding individual arbitration agreements with class action waivers, numerous companies have included such arbitration agreements as part of their terms and conditions.
In-Sites By Kathryn Kelly Federal Civil Practice, August 2023 Useful websites that address consumer protection and fraud.
Binding Nonsignatories to Forum Selection Clauses By Prof. Jeffrey A. Parness Federal Civil Practice, December 2022 The Franlink Inc. v. BACE Services court joined all other federal appellate courts in employing the “closely related” doctrine to determine whether a nonsignatory to a contract with a forum selection clause was bound by the clause.
Pattern Preliminary Civil Jury Instructions By Iain D. Johnston Federal Civil Practice, December 2022 One common way to familiarize the jury with the civil legal justice system generally and the task before it specifically is to provide the jury with preliminary instructions after the jury has been impaneled and sworn in.
How May an Unaccepted Settlement Offer Affect a Successful Plaintiff’s Recovery of Attorneys’ Fees? By Michael R. Lied Federal Civil Practice, September 2022 A summary and analysis of Cooper v. Retrieval-Masters Creditors Bureau, Inc.
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.

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