Menu
Archived articles from October 2009
22 articles found
Health Care Industry Leaders Respond to Senate Finance Committee Vote
By Holly Hayes - October 15, 2009
By Holly Hayes The American Hospital Association (AHA) posted this statement on their website in response to the Senate Finance Committee vote on October 13, 2009, on the health care reform bill. The Senate Finance Committee today (October 13, 2009) voted 14-9 to approve health care reform legislation that would expand health coverage to 91% of U.S. residents. The bill received one Republican vote, from Sen. Olympia Snowe (R-ME). According to the
Pending U.S. Legislation on Arbitration and Mediation: Update
By Victoria VanBuren - October 14, 2009
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pr
Defense Contractor Mandatory Arbitration Amendment Passes Senate
By Victoria VanBuren - October 13, 2009
On October 6, the U.S. Senate by a vote of 68-30 passed an amendment to H.R. 3326 (bill; status). H.R. 3326 is entitled “An Act making appropriations for the Department of Defense for the fiscal year ending September 30, 2010, and for other purposes.” The amendment bars funds to defense contractors who require workers to arbitrate “any claim under Title VII of the Civil Rights Act of 1964 or any tort related to or arising out of
CPR Arbitration Article: Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium’
By Victoria VanBuren - October 12, 2009
Donald R. Philbin Jr., contributor to this blog, has written recently an article entitled Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium,’ 27 Alternatives to the High Cost of Litigation 145 (Oct. 2009). As its title suggests, the article discusses the salient issue of unconscionability in arbitration agreements. Here is an excerpt: Collision? Or Coexistence? The issue: The states and the Supreme Court—and now Congress
Grants for Medical Liability Reform Demonstration Projects
By Victoria VanBuren - October 9, 2009
by Holly Hayes Last month, President Barack Obama announced a plan (discussed here and here) for funding medical malpractice reform projects in order to explore ways to manage medical liability claims. Below is a press release from the Agency for Healthcare Research and Quality (AHRQ) about the grant funding process. AHRQ Announces Intent to Publish Grant and Contract Solicitations for Patient Safety and Medical Liability Reform Demonstration Pro
Texas Supreme Court Hears Case on Standards of Judicial Review for Arbitration Awards After Hall Street
By Victoria VanBuren - October 8, 2009
As reported by the Texas Supreme Court Blog (thanks for the cite!) the Texas Supreme Court heard arguments today on the case NAFTA Traders, Inc. v. Margaret A. Quinn; from Dallas County; 5th district (05?07?00340?CV, 257 SW3d 795, 06?17?08). NAFTA Traders appeals the confirmation of an arbitral award in favor of Margaret Quinn in a sexual discrimination case under the Texas General Arbitration Act (TAA). The Dallas Court of Appeals relying on the
Texas Governor Appoints Justice Eva Guzman to Serve on the Texas Supreme Court
By Victoria VanBuren - October 8, 2009
Texas Governor Rick Perry appointed today Justice Eva Guzman of the 14th Court of Appeals to serve on the Supreme Court of Texas. Justice Guzman will replace Justice Scott Brister, who left the court in September. As Don Cruse at the Supreme Court of Texas Blog points out, an appointed Justice does not have to be confirmed by the Texas Senate until the next session, so Justice Guzman can run for a six-year term in 2010. Read more at the Houston C
NASAA’s Statement on FINRA’s Arbitration Pilot Program Expansion
By Victoria VanBuren - October 7, 2009
To follow up on our recent posts on securities arbitration (available here and here) we thought that you would like to know that the Financial Industry Regulatory Authority (FINRA) announced on October 5, 2009 the expansion of its two-year pilot program that gives investors who are filing claims the option to select an arbitration panel composed of three public arbitrators instead of two public and one non-public. Read more about the pilot progra
Comments to Dan Solin’s Post on Arbitration of Securities Disputes at FINRA
By Victoria VanBuren - October 6, 2009
John Fleming sent us the following comments about our post of yesterday (find the post here): I have a beef with the Solin’s approach. FINRA has a new pilot program that allows customers to choose arbitration panels with only non-industry arbitrators. Guess what? In reality customers and their lawyers are actually choosing to have industry arbitrators on the panels in about 50% of the cases, even when they can exclude them. Privately, lawye
Arbitration of Securities Disputes at FINRA
By Victoria VanBuren - October 5, 2009
Our friend John C. Fleming from Hays & Owens, L.L.P sent us the following post: [update: find John C. Fleming’s comment about this post here] A reader of my blogs sent me an e-mail with a Customer Agreement from a major brokerage firm. She asked me to look it over and tell her if she should sign it. The first thing that struck me was this clause: “Brokerage activities are regulated under different laws and rules than advisory acti
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy