Menu
Archived articles from April 2010
27 articles found
Patients Engage in Their Own Care More Often When Encouraged by Providers
By Holly Hayes - April 30, 2010
By Holly Hayes An article in the March/April 2010 Patient Safety and Quality Healthcare Magazine by Andrea C. Scobie and D. David Persaud titled, “Patient Engagement in Patient Safety:Barriers and Facilitators” examines the impact of patient engagement in their own care on patient safety. Read more here. The authors give examples of the technical issues in care provision (for example, patient identification, surgical site identificati
GUEST-POST | Professor Stipanowich Comments on Stolt-Nielsen v. AnimalFeeds
By Victoria VanBuren - April 28, 2010
By Thomas J. Stipanowich The thrust of the majority opinion authored by Justice Alito was to shun the rationale of the plurality in the Court’s earlier decision in Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003)), which characterized the question of whether class arbitration as a matter of “procedure” growing out of the dispute. Instead, the majority founded its decision on Supreme Court “precedents [under the FA
LCIA India Unveils its Arbitration and Mediation Rules
By Victoria VanBuren - April 28, 2010
The London Court of International Arbitration (LCIA) launched its Arbitration and Mediation Rules for its India subsidiary at a conference held on April 17, 2010 at the Taj Mahal Palace and Towers in Mumbai. LCIA India was just established in April of last year. The LCIA India Arbitration Rules came into effect on April 17, 2010 and are available here. The rules include several new provisions aimed at expediting proceedings, including an express
U.S. Supreme Court Rules on Stolt-Nielsen v. AnimalFeeds
By Victoria VanBuren - April 27, 2010
[UPDATE: Read professor Thomas J. Stipanowich’s comments about the case here and professor S.I. Strong’s here.] Today, the U.S. Supreme Court handed down its decision on Stolt-Nielsen v. AnimalFeeds. The Court’s decision may be downloaded here. The Court held that “”Imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act (FAA), 9 U. S.
Transcript of Oral Arguments on Rent-A-Center West v. Jackson: Arbitration Unconscionability Case
By Victoria VanBuren - April 26, 2010
Today, April 26, 2010 the U.S. Supreme Court heard arguments on Rent-A-Center West v. Jackson. The transcript is here. Question Presented: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decisio
Commentary on Rent-A-Center v. Jackson and Arbitration Unconscionability
By Victoria VanBuren - April 26, 2010
Today, April 26, 2010, the U.S. Supreme Court will hear an arbitration case. Chicago, has its own with overlapping issues. On February 15, 2010, I FILED 10cv1013 in the United States District Court for Northern, Illinois. See Falconer v. Gibsons Restaurant Group et. al. My opponent (Gibsons) has argued that the federal court lacks subject matter jurisdiction to decide if the arbitration clause is unconscionable (see its Pacer documents 12 & 1
Texas Federal Court Holds that Arbitration Agreement Naming NAF as the Arbitrator is Unenforceable
By Victoria VanBuren - April 26, 2010
The United States District Court for the Southern District of Texas, Houston Division held that an arbitration agreement naming the National Arbitration Forum (NAF) as the arbitrator was unenforceable because NAF (now unavailable) was an integral part of the arbitration provision. In Ranzy v. Extra Cash of Texas, No. H-09-3334, 2010 U.S. Dist. LEXIS 22551 (S.D. Tex. March 11, 2010), the arbitration clause at issue stated, AGREEMENT TO ARBITRATE A
A Case that Has Gone Through Litigation, Arbitration, and Mediation: Cull and Cull v. Perry Homes
By Victoria VanBuren - April 24, 2010
It has been a long road for Mr. and Mrs. Cull. Here are the facts of the case: In 1996, the Culls bought a home from home builder Perry Homes and warranties from Home Owners Multiple Equity, Inc. and Warranty Underwriters Insurance Company. In 2000, the Culls sued the warranty companies over problems with their house foundation and construction. They claimed that their home had defects that caused its appraised value to plummet from more than $23
2010 Annual Conference on ADR | Houston, April 30
By Victoria VanBuren - April 23, 2010
Need CLE credits? The Houston Bar Association and the Frank Evans Center for Conflict Resolution at South Texas College of Law will host their Annual Conference on ADR on Friday, April 30, 2010. The all-day conference will take place at South Texas College of Law. The program looks very interesting. Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog will present “eMediation and Special Masters in eDiscove
Report Emphasizes Need for Teaching Communication Skills in Medical Schools
By Holly Hayes - April 23, 2010
By Holly Hayes The Lucian Leape Institute at the National Patient Safety Foundation released a report entitled “Unmet Needs:Teaching Physicians to Provide Safe Patient Care.” The report concludes that “[U.S.] medical schools are not doing an adequate job of facilitating student understanding of basic knowledge and the development of skills required for the provision of safe patient care.” The report’s 12 recommendations center o
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy