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Archived articles from 2009
224 articles found
Texas Supreme Court Compels Nonsignatories to Arbitrate Wrongful Death Claims
By Victoria VanBuren - December 2, 2009
In re Golden Peanut Co., (Texas 2009) (No. 09-0122) deals with family members who brought a wrongful death action against Grant Drennan’s employer, Golden Peanut Company, LLC. (“Golden Peanut”). Golden Peanut did not subscribe to worker’s compensation insurance, but provided an Employee Injury Benefit Plan which called for binding arbitration of employment-related claims. Golden Peanut filed a motion to compel arbitration.
Tenth Circuit Decides Manifest Disregard of the Law Case and Imposes Sanctions Under 28 U.S.C. § 1927 for ‘Frivolous’ Attempt to Vacate Arbitration Award
By Victoria VanBuren - December 1, 2009
[Hat tip to our blog contributor Peter S. Vogel] The United States Court of Appeals for the Tenth Circuit held that an arbitrator did not act with manifest disregard of the law when he turned to extrinsic evidence to determine the parties’ intent. The court also granted sanctions to compensate the company for unnecessary legal fees incurred when the other party appealed the arbitral award. I. Background In DMA Int’l, Inc. v. Qwest Com
ABC News: A Woman Who Claims Sexual Assault Wins $3 Million Arbitration Award From KBR – Former Halliburton Division
By Victoria VanBuren - November 26, 2009
ABC News reported that Tracy Barker, former employee of Halliburton/ KBR has won a $2.93 million arbitration award. Ms. Barker claims that she was sexually assaulted by a U.S. State Department employee in Iraq in 2005. Read more about this case here, here, and here. Technorati Tags: arbitration, ADR, law,
H.R. 3962: U.S. House Health Care Bill Addresses ‘Balance Billing’
By Victoria VanBuren - November 20, 2009
By Holly Hayes As noted in a previous post (available here) Texas House Bill 2256, signed into law on June 19, 2009, provides a procedure for mediation of out-of-network health benefit claim disputes. The law 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
Disputing Guest Post | Hall Street Meets S. Maestri Place: What Standards of Review will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup?
By Victoria VanBuren - November 19, 2009
As the United States Court of Appeals for the Fifth Circuit decides more “manifest disregard” of the law cases, we thought that you might be interested in reading our guest-post published at the Loree Reinsurance and Arbitration Law Forum earlier this year. Check it out! Hall Street Meets S. Maestri Place: What Standards of Review will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup? By Victori
Fifth Circuit Reaffirms that the FAA Provides the Exclusive Grounds for Vacatur of Arbitration Awards After Hall Street v. Mattel
By Victoria VanBuren - November 18, 2009
In United Forming, Inc. v. Faulknerusa, LP, No. 09-50073 (5th Cir. Oct. 27, 2009), FaulknerUSA, LP (Faulkner) is the general contractor at a construction project; United Forming, Inc. (United) is a sub-contractor; and Continental Casualty, Co. (Continental) is the surety of their agreement. After a dispute over United’s work, the parties submitted their claims to arbitration before an American Arbitration Association (AAA) panel. The panel
ABA Section of Dispute Resolution: Mediation Video Contest on YouTube
By Victoria VanBuren - November 17, 2009
The ABA Section of Dispute Resolution is seeking three-minute original videos on the topic of mediation. The contest is open to everyone. Videos may be submitted between November 12, 2009 and January 15, 2010. Incomplete submissions will be disqualified. To be considered a complete submission the Contest Entry Form and an ABA Release Form for each person in the video must be received by the ABA Section of Dispute Resolution by midnight January 15
American Review of International Arbitration Article | Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties’
By Victoria VanBuren - November 16, 2009
Alan Scott Rau, Professor at The University of Texas School of Law and contributor to this blog, wrote recently an excellent article entitled Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties,’ American Review of International Arbitration, Fall 2009. We invite you to check out Professor Rau’s well-known skillful writing on the evolving issue of arbitral powers to collect evidence from non-parties to a
State Bar of Texas Advanced Mediation Workshop
By Victoria VanBuren - November 13, 2009
Earlier this year, the ADR section of the State Bar of Texas organized a mediation workshop in Houston, Texas. The participants discussed the following questions: What does the Mediation Table look like in 2009 compared to 1989? How Do Experienced Mediators Facilitate Distributive Bargaining? How Do Experienced Mediators Facilitate Integrative Bargaining? How Do Experienced Mediators Facilitate the Closing of Mediation? What are Intuitive and Cou
Deadline Set for Application for Medical Liability Reform Grants
By Victoria VanBuren - November 12, 2009
by Holly Hayes In September, President Obama authorized the Department of Health and Human Services (HHS) to allocate $25 million for medical liability reform pilot projects. Grant proposals may be submitted beginning December 20 and are due by January 20, 2010. Additional details on the grant application process are available at American Medical News. The purpose of these grants is as follows: This Funding Opportunity Announcement (FOA) solicits
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