Sweeping Litigation Reform Expands Federal Jurisdiction over Class Actions
On Feb. 18, 2005, President Bush signed into law the Class Action Fairness Act of 2005 ("CAFA"), which will apply to any civil action commenced on or after the date of enactment. CAFA is the first major litigation reform legislation to pass Congress in nearly a decade and arguably represents the most significant change in class action law in the United States since the adoption of Rule 23 of the Federal Rules of Civil Procedure in 1967.
Is It Forgettable, Or Is It Memorable?
Memorability is what matters most in advertising. To be memorable, the advertising must be credible. Distinct. And most of all, relevant to the self-interest of the audience by which the advertiser wants to be remembered. <br>The question is: Why isn't most law firm advertising more memorable?
Letter From the Editor
I'm so thrilled to present our Second Annual Best of Visual Identity Innovators. We received quite a few entries and it was difficult to pick the best,…
Second Annual Best of Visual Identity Innovators
Once again this year Marketing The Law Firm is presenting its Best of Visual Identity Innovators. This competition was open only to law firms of all sizes. The graphic design firm or those responsible for the creative side of the project receive "honorable mention."
More Same-Sex News from Massachusetts
Massachusetts' Supreme Judicial Court agreed on Jan. 29 to hear an appeal to a case that last summer upheld application of a state law that prevents out-of-state same-sex couples from marrying in Massachusetts. The underlying suit, <i>Cote-Whitacre v. Department of Public Health</i>, was brought by Gay and Lesbian Advocates and Defenders (GLAD), a gay-rights organization, on behalf of eight couples from six states. These couples hoped to marry in Massachusetts after the Supreme Judicial Court held in <i>Goodridge v. Department of Public Health</i> that gay couples had the constitutional right to marry under state law.
Law Guardian or Guardian Ad Litem?
A law guardian is an attorney who is appointed to ensure that the best interests of the child, who is the subject of the litigation, are served, while the guardian <i>ad litem</i> is a person appointed to protect the rights and interests of a party to the action, who is under a disability. For many years, the appointment of a law guardian has been mandatory in certain Family Court proceedings, such as juvenile delinquency, PINS (Persons in Need of Supervision) and child protective proceedings. See FCA 249(a). Every once in a while we read a decision in which the Supreme Court has appointed a guardian ad litem for a child in a custody case. Such appointments are unusual, since the rights and obligations of the guardian <i>ad litem</i> differ from those of a law guardian. What are the differences, and when is appointment of one or the other appropriate?
Creating Parental Access Plans
Part Four of a Four-Part Series In the last three newsletters, we discussed the problems inherent in setting up parental access plans in this era in which…
