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Archived articles from 2009
224 articles found
President Barack Obama Signs Legislation that Provides for Arbitration to Appeal Termination of GM and Chrysler Franchise Agreements
By Victoria VanBuren - December 17, 2009
To follow up on our earlier post, here is an article by Automotive News: Neil Roland Automotive News December 17, 2009 WASHINGTON — President Barack Obama signed legislation that would give rejected General Motors Co. and Chrysler Group dealers access to neutral arbitration if they want to be reinstated, kicking off a a six-and-a-half months arbitration process. GM and Chrysler now have 30 days to send letters to the owners of about 2,150 r
2009 Texas Legislation on Arbitration and Mediation
By Victoria VanBuren - December 16, 2009
In 2009, the 81st Regular Session of the Texas Legislation adjourned on June 1. Following is a summary of some bills related to alternative dispute resolution filed during the session. Bills that passed: H.B. 2256. The bill relates to mediation of out-of-network health benefit claim disputes concerning enrollees, facility-based physicians, and certain health benefit plans. Here are the bill’s history and analysis. Posts by Holly Hayes discu
2009 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - December 15, 2009
During 2009, the following bills relating to alternative dispute resolution were introduced and are currently being considered by the 111st Congress. 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 pre-dispute arbitration in employment, consumer, and franchise contracts. Sen
General Motors and Chrysler Car Dealerships Might Head to Arbitration
By Victoria VanBuren - December 14, 2009
As readers may know, General Motors and Chrysler are planning to close nearly 2,000 dealerships as part of their reorganization plan. The New York Times reports on a House bill that would provide for binding arbitration as a way for car dealers to appeal the termination of their franchise agreements. The House has approved a compromise plan to give General Motors and Chrysler dealers an appeals process to keep their showrooms open. GM and Chrysle
2009 Developments in Mediation: Mediation Option for ‘Balance Billing’ in Health Care
By Victoria VanBuren - December 11, 2009
by Holly Hayes In June, we discussed the passage of Texas House Bill 2256, which provides a procedure for mediation of out-of-network health benefit claim disputes. Patients in Texas now have 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, neonatologists, and emergency room physicians. (post available here
U.S. Supreme Court Decides Railway Labor Act Arbitration Case
By Victoria VanBuren - December 10, 2009
As we were ready to wrap-up the year, the U.S. Supreme Court decides yet another arbitration case. In Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009), the issue before the Court was whether pre-arbitration conference was a jurisdictional requirement. We will post a summary of the case after we read it and it will be added to our 2009 Year-End post as well.
2009 Arbitration Case Law: Texas Supreme Court
By Victoria VanBuren - December 9, 2009
Continuing with our 2009 Year-End Highlights series, we present today a summary of noteworthy arbitration opinions handed down by the Texas Supreme Court. The landmark case In re Poly-America, L.P. , 262 S.W.3d 337 (Tex. 2008) decided in 2008, involves a retaliatory-discharge claim. The court concluded that fee-splitting schemes in an arbitration agreement are unconscionable. (post available here) In February, the court decided three arbitration-
2009 Arbitration Case Law: U.S. Supreme Court
By Victoria VanBuren - December 8, 2009
Welcome to Disputing‘s 2009 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On March 9, the Court decided Vaden v. Discover Bank. The issues were (1) whether a district court, if asked to compel arbitration, should “look through” the petition and grant the relief if the court would have federal-question jurisdiction of the controversy and (2) whether a district court should exercis
2009 Year-End Highlights: Arbitration and Mediation
By Victoria VanBuren - December 7, 2009
Disputing is pleased to introduce its Year-End Highlights series. During this month, we will discuss 2009 developments in case law and legislation regarding arbitration and mediation. Stay tuned! Karl Bayer, Holly Hayes, and Victoria VanBuren
Fifth Circuit Affirms Confirmation of NASD Arbitration Award
By Victoria VanBuren - December 5, 2009
In The Householder Group v. Caughran, No. 09-40111 (5th. Cir. Nov. 11, 2009), the court summarizes the facts as follows: [A] panel of arbitrators with the National Association of Securities Dealers, Inc. (“NASD”) awarded Householder Group $39,500 in compensatory damages for breach of a promissory note, $50,000 in compensatory damages for breach of a Branch Office Agreement, and $70,000 in attorneys fees. Thereafter, Householder Group filed a moti
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