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Litigation Newsletters

Guardians ad Litem

Guardian ad litem is a Latin term meaning "guardian at law." A guardian ad litem is a person appointed by the court to speak on behalf of a child and to protect the rights of the child during court proceedings. In some states, a guardian ad litem has to be a licensed attorney. In other states, a guardian ad litem does not have to be an attorney but must have special training and/or certification to be eligible to perform the functions of a guardian ad litem.

Dismissal of Appeals

Both the plaintiff (the person suing) and the defendant (the person being sued) have a right to appeal to a higher court if they think there was a legal error in the trial. Generally, a notice of appeal has to be filed within 30 days after the trial court enters a judgment in the lawsuit. Most states have a two-tier system for appellate review of a judgment. The federal court system also has two different levels of appellate review. The appeal is first filed in an intermediate appellate state or federal court or court of appeals. After the court of appeals reviews the judgment, a further appeal is possible to a court of last resort, the state supreme court for state court appeals or the Supreme Court of the United States for federal court appeals.

The Effect of a Judgment in a Civil Lawsuit

When a court of competent jurisdiction renders a final judgment on the merits of a case, the judgment is conclusive between the parties as to the claims, facts, and issues litigated in the case.

Standards of Review for Appeals of Federal Administrative Hearing Decisions

Federal agencies make administrative decisions in regulatory, entitlement, and enforcement cases. The agency can make an informal decision or hold a formal administrative hearing in a case. If the person or company affected by the decision is dissatisfied with the agency's decision, the decision is subject to review by a higher level within the agency or by a court. This article discusses the standards of review applied by a court in evaluating federal administrative agency decisions.

Impeachment and Recall of State Judges

All states have some procedure for removing state judges who are found to have engaged in serious misconduct. Such procedures are set out in the state's constitution or laws. This article discusses the removal of state judges by impeachment and by recall elections.

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Blog

September 2, 2010
NY Passes a No-Fault Divorce Statute
New York has joined the majority of other states in the nation allowing either spouse to file for a divorce without alleging any fault.

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July 20, 2010
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September 11, 2010 is the DEADLINE for all 9/11 rescue, recovery and cleanup workers to register for Workers Compensation benefits. You must register to preserve your right to file a Workers' Compensation claim in the future.

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