Designating an attorney as a FRCP 30(b)(6) or Ill.S.Ct. Rule 206(a)(1) deposition witnessBy R. Stephen Scott & Pamela E. HartMarch 2013There appears to not be a bright-line rule to designate an attorney to serve as the 30(b)(6) witness for a corporation. It is a case-by-case analysis, with preference given to knowledgeable corporate executives to protect the attorney-client privilege.
The evolving and murky world of ERISA damages . . . . I mean equitable remediesBy Glenn R. GaffneyMarch 2013This article outlines the court’s evolving use of equitable terms and concepts so as to provide jilted plan beneficiaries with make-whole relief resulting in a monetary judgment under ERISA’s statutory provision of “other appropriate equitable relief.”
The Forum-Defendant rule bars removal of citation actionBy Ambrose V. McCallSeptember 2013Before pursuing removal, counsel should check the statutory maps related to their causes of action to see if they show an exit ramp leading back to state court.
High court allows class arbitration award to standBy Michael R. LiedJune 2013Predictably, disputes over arbitration agreements and awards will continue. However, Oxford Health Plans v. Sutter gives the parties an opportunity to carefully draft arbitration agreements to prevent class arbitration.
Iain Johnston: Our new Federal Magistrate JudgeBy Eugene G. DohertySeptember 2013Learn more about Magistrate Judge Iain D. Johnston, who has been selected to succeed P. Michael Mahoney in the Western Division of the U.S. District Court for the Northern Division of Illinois.
Judicial profile: Thomas M. DurkinBy Kathryn A. KellySeptember 2013The Section on Federal Civil Practice continues its tradition of introducing you to our new judges and brings you a profile of Judge Tom Durkin.
Update on expert practice: Expert discoveryBy Jo Anna PollockDecember 2013Save the date for "Experts Exposed: Expert Practice in Federal Court from A to Z," which will take place on February 21, 2014.
What’s “plausible” in the post-Twombly and Iqbal world? A review of recent Seventh Circuit decisionsBy Jo Anna PollockMarch 2013A review of recent Seventh Circuit cases that have interpreted Twombly and Iqbal, and a look at how both plaintiffs and defendants should characterize a plaintiff’s complaint when arguing whether a plaintiff failed to state a claim pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6).