CAFA-7th Circuit UpdateBy William J. BrinkmannMarch 2006Since the Class Action Fairness Act, was signed into law by President Bush on February 18, 2005, certain provisions of the new law have been interpreted in the district courts of Illinois and by the 7th Circuit Court of Appeals.
From the ChairBy Lara L. QuiveyJune 2006Having been a member of the Federal Civil Practice Section Council since its inception, I have had the opportunity to watch it grow from a special committee—with the goal of implementing reciprocal admission rules for the Northern, Central, and Southern districts—to a full-fledged section council.
Judicial Profile: Hon. Virginia M. Kendall of the Northern District of IllinoisSeptember 2006Judge Virginia M. Kendall is the newest appointed Article III district judge in the Northern District of Illinois. She was nominated by President Bush on September 28, 2005 with the bipartisan support of U.S. Senators Richard Durbin and Barack Obama.
Judicial Profile: Judge Samuel Der-YeghiayanSeptember 2006Once you speak with Judge Sam Der-Yeghiayan for a few minutes, you realize how hard work (and a little luck) can make dreams come true.
Jury trial innovations: 7th Circuit projectBy William J. BrinkmannSeptember 2006The Seventh Circuit Bar Association has recently completed testing throughout the Seventh Circuit District Courts of seven concepts designed to improve civil jury trials.
Profile of Judge Mark FilipBy Travis J. KettermanMarch 2006Growing up in Chicago, Mark Filip felt inspired to attend law school based, in large part, on the Greylord scandal.
The role of Magistrate Judges in federal civil practiceBy Magistrate Judge David BernthalSeptember 2006A United States Magistrate Judge is a federal trial judge appointed to serve in a United States District Court for a term of eight years.
Rule 68: Offer of judgmentBy Patricia M. FallonMarch 2006Rule 68 of the Federal Rules of Civil Procedure encourages parties to settle out of court by providing a party defending against a claim the opportunity to make a special offer of judgment at any time more than 10 days before the trial begins.
Seventh Circuit speaks on Abstention DoctrineBy Stephen E. Balogh & Adam M. FlemingSeptember 2006Recently, in Tyrer v. City of South Beloit, the U.S. Court of Appeals for the Seventh Circuit provided further guidance on the federal abstention doctrine.
The Supreme Court enforces employer health plan reimbursement provisionsBy Travis J. KettermanDecember 2006In a unanimous decision, the U.S. Supreme Court recently ruled that a health plan may enforce a reimbursement provision against a participant who receives medical benefits and later recovers from a third party in a tort claim.
Things to bear in mind when moving to dismiss under Rule 12(b)By Judge James F. HoldermanMarch 2006A motion to dismiss under Federal Rule of Civil Procedure 12(b) can be an effective way for an attorney defending a party in a federal civil case to curtail the litigation against his or her client. Any attorney contemplating filing such a motion, however, should bear several things in mind.