2012 Articles

Cameras in the Courtroom Pilot Project By Marron Mahoney December 2012 It has yet to go viral on YouTube, but the first video of a federal court proceeding in Chicago is now available for viewing on the U.S. District Court for the Northern District of Illinois’ Web site.

Confidentiality orders and filing under seal By Patricia S. Smart December 2012 The United States District Courts for the Northern and Southern Districts of Illinois recently revised rules relating to the filing of documents under seal. The District Court for the Northern District also adopted a Model Confidentiality Order earlier this year.

The demands of a jury demand By Travis J. Ketterman March 2012 While the right to a jury trial is deemed a fundamental right, the right is not self-enforcing. Thus, a party seeking a jury trial—even a party with a cause of action that entitles the party to a jury—must affirmatively demand a jury trial. Rule 38(b) dictates the jury demand requirements.

E-discovery Pilot Program completes Phase Two By Hon. James F. Holderman June 2012 All of the Phase One and Phase Two survey data, including the results of the other comparative E-Filer baseline surveys are available at <www.DiscoveryPilot.com>.

FRCP 45—The toolbox of discovery has pending amendments By Ambrose V. McCall March 2012 All Illinois counsel who practice in federal court may want to calendar a few dates in late 2012 or early 2013 to not only check on the status of FRCP 45, but to review their office procedures to see if they comply with the provisions detailing how we use one of our primary tools for conducting discovery.

Judicial profile: Edmond E. Chang By Kathryn A. Kelly September 2012 Get to know more about District Judge Edmond E. Chang.

Judicial Profile: Magistrate Judge Mary Rowland By Marron Mahoney December 2012 The ISBA Federal Civil Practice Section joins the Chicago legal community in welcoming Judge Rowland to the bench.

Letter from the Chair By Glenn R. Gaffney September 2012 A message from Section Chair Glenn Gaffney.

Northern District welcomes Judge John Z. Lee By Daniel Thies December 2012 An immigrant who came to the United States in 1972 at the age of four, unable to even speak English, Judge Lee rose to become the first Korean American ever to serve as an Article III federal judge in the Northern District.

Online resources available to section members By Jay H. Scholl March 2012 The Federal Civil Practice Section has launched several online resources for its members. Primary among those resources are the Section’s Web site and discussion list.

Plaintiffs strike out in bids for remand in Class Action Fairness Act cases By Michael R. Lied March 2012 The Act creates federal diversity jurisdiction over certain class actions in which at least one member of the class is a citizen of a different state from any defendant. 28 U.S.C. § 1332(d)(2). The Act applies to any class action within the Act’s scope before or after the entry of a class certification order.

Removal jurisdiction following passage of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 By Patricia S. Smart June 2012 Parties filing a petition for removal or a request for remand must be sure to consider the revisions made by the JVAC to the provisions of 28 U.S.C. §§ 1441 and 1446.

Reply briefs: Who speaks last to the court? By Ambrose V. McCall September 2012 The Smith v. Bray opinion aids efforts to provide reply arguments, within the context of summary judgment, because the Seventh Circuit clarified that parties who were prevented from responding to new evidentiary issues at the trial court level will receive that opportunity on appeal.

Settlement offer defeats class action lawsuit By Michael R. Lied September 2012 According to the appeals court in Damasco v. Clearwire Corporation, to allow a case to continue in federal court when the sole plaintiff no longer maintains a personal stake defies the limits on federal jurisdiction.

Seventh Circuit analyzes causation in a zoning case—is delay compensable? By Lisle A. Stalter December 2012 The recent case of Guth v. Tazewell County considered whether delay in granting rezoning relief created liability for a local government.

Tips prior to filing discrimination cases in federal court By Peter LaSorsa December 2012 The author provides his strategies for pursuing a sexual harassment case in federal court.

When a private individual can claim qualified immunity—A look at Filarsky v. Delia By Lisle A. Stalter June 2012 On April 17th of this year, the United States Supreme Court, in a unanimous decision, extended qualified immunity protections to a private individual hired by the government.