Massachusetts Legal News

 

Attorney General Martha Coakley has filed a lawsuit in the US District Court in Boston challenging the constitutionality of DOMA (the federal “Defense of Marriage Act” law) as it applies to Massachusetts.  Because the Supreme Judicial Court in Massachusetts determined in 2003 that our state constitution allows for same sex marriage, Coakley’s suit endeavors to challenge DOMA’s application to Massachusetts. As same sex couples in the state have known for some time, the federal benefits currently available to heterosexual couples are specifically withheld from same sex couples.  According to the suit, some 16,000 same sex married couples in Massachusetts are currently affected by the application of DOMA to our state.  Coakley challenges the federal law as follows: 1) DOMA creates a federal definition of marriage (defining marriage is a state right); 2) DOMA creates separate and unequal categories of married persons in the Commonwealth (denial of equal protection of the laws); 3) DOMA requires the Commonwealth to either violate our own laws or the federal effects of DOMA. 

 

Arbitration Issues

 

After the attorney general in Minnesota filed suit against the National Arbitration Forum, a settlement agreement followed within a week. The agreement requires the NAF to cease participating in or arbitrating credit card and consumer collection disputes.  According to the suit, the NAF was instrumental in drafting binding arbitration clauses for credit card agreements.

 

 

The Legal Pad

Krista A. Wroldson, Esq.

25 Church Street

Pittsfield, MA 01201

Phone: 413-499-4166

Fax: 866-422-4848

http://www.pittsfieldlawyer.com

Advertising. In accordance with rules established by the Supreme Judicial Court of Massachusetts. This web site must be labeled "advertising." It is designed to provide general information for clients and friends of the firm and should not be construed as legal advice, or legal opinion on any specific facts or circumstances. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.  

   Krista A. Wroldson

                      Attorney At Law

 

 

 

25 Church Street

Pittsfield, MA 01201

 

 

Phone: 413-499-4166

Fax: 866-422-4848