Menu
Archived articles from 2009
224 articles found
Texas Supreme Court Rules on Arbitration of Tort Claims in Employment Contract
By Victoria VanBuren - July 6, 2009
The Supreme Court of Texas held that a post-injury arbitration acknowledgment agreement is valid and compelled arbitration of tort claims within the context of an employment contract. In In re Macy’s Texas, Inc., __ S.W.3d __ (Texas 2009) (No. 08-0584), Erica Tomsic was an employee at department store Macy’s. Tomsic claims to have injured her back while working at the store in April 2007. On May 9 2007, Tomsic signed an “Arbitra
Law Journal Article: “Civil Jury Trials R.I.P.? Can it Actually Happen in America?” and the Federal Arbitration Act
By Victoria VanBuren - July 4, 2009
During this Fourth of July holiday weekend, our good friend Don Philbin stumbled across “Civil Jury Trials R.I.P.? Can it Actually Happen in America?” 40 St. Mary’s L.J. 795 written by the Honorable W. Royal Furgeson, Jr. In the article, Judge Furgeson discusses the Arbitration Fairness Act of 2007, which is analogous to the Arbitration Fairness Act of 2009 (previously blogged here) currently considered in the U.S. Congress. If
The Employee Free Choice Act: Update
By Victoria VanBuren - July 2, 2009
Via the Adjunct Law Prof Blog, we learned that a new coalition, the Business Leaders for a Fair Economy is speaking out in support of the Employee Free Choice Act of 2009. The coalition released this ad, which claims that 1,000 business leaders agree the Employee Free Choice Act is key to restoring the country’s economy. The Act ( Senate version: S. 560 and Status; House version: H.R. 1409 and Status ) is currently in the U.S. Congress and
Obama’s Financial Regulatory Reform and Mandatory Arbitration in Financial Contracts
By Victoria VanBuren - July 1, 2009
Within President Obama’s proposal to reform the financial services sector, A New Foundation: Rebuilding Financial Supervision and Regulation, there is a provision that directs the U.S. Securities and Exchange Commission (SEC) to study the use of mandatory arbitration clauses in investor contracts. Check out Professor Barbara Black’s discussion of the proposal in her post First Look at the Administration’s Financial Regulatory Re
ABA – CLE on July 14 | Deal or No Deal: Improving the Odds of Successful Mediation
By Victoria VanBuren - June 30, 2009
Need CLE Credits? Mark your calendars! The American Bar Association Section of Litigation will hold a live teleconference and webcast on July 14, 2009 titled “Deal or No Deal: Improving the Odds of Successful Mediation.” Reinsurance and Insurance expert Katherine Billingham from KB ReSolutions, Inc. and Randall Kiser from DecisionSet will present at the event. Randall’s article Lets Not Make a Deal: An Empirical Study of Decisio
Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing’
By Holly Hayes - June 29, 2009
By Holly Hayes Texas House Bill 2256 was signed into law on June 19, 2009 and is effective immediately. The bill provides a procedure for mediation of out-of-network health benefit claim disputes. The law now gives patients the option to mediate when they are “balance-billed” by their insurance company for services provided by out-of-network facility-based physicians like radiologists, pathologists, and neonatologists. Balance billing
Weil, Gotshal & Manges Guest-Post: Texas House Bill 1083
By Victoria VanBuren - June 26, 2009
On June 19, 2009, Texas House Bill 1083 was signed into law.The new provision, effective immediately, prevents courts from ordering mediation in cases subject to the Federal Arbitration Act (excepting cases where the parties have agreed otherwise).The bill, which passed both the House and the Senate without amendment, applies to all actions commencing on or after June 19th. What does this mean for future Texas cases involving the FAA?Fewer
The LinkedIn Commercial and Industry Arbitration and Mediation Group is Now 154 Members Strong!
By Victoria VanBuren - June 25, 2009
On May 21, 2009 the Loree Reinsurance and Arbitration Law Forum and Disputing announced the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group. We are pleased to share with you that the group has since grown to 154 members. Discussions have been lively, the group is internationally and professionally diverse, and group members have access to several ADR blogs, as well as articles posted by other group members. It is a
Texas Federal Court Finds Blockbuster’s Online User Agreement ‘Illusory’ and Denies Motion to Compel Arbitration
By Victoria VanBuren - June 24, 2009
[Ed. note: This case is a bit old, but an important one. It somehow got lost in the pile of papers sitting on my desk. Thanks to San Antonio arbitrator and mediator Don Philbin for bringing this case to our attention back in April. ] The United States District Court for the Northern District of Texas held that an arbitration clause in Blockbuster’s Online User Agreement is illusory, thus, unenforceable and denied Blockbuster’s motion
U.S. Dispute Resolution Legislation: Update
By Victoria VanBuren - June 23, 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 mandat
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy