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Archived articles from May 2010
19 articles found
“Bad Behavior” in Health Care
By Holly Hayes - May 14, 2010
By Holly Hayes After hearing Dan O’Connell speak earlier this month, I found this on-line presentation by Dan titled, Bad behavior — preparing for and dealing with disruptive behavior by providers. Dan is a clinical psychologist who works as an educator, consultant, clinician, department chair and executive director in medical and behavioral health settings. He suggests health care organizations develop a positive, proactive statement
Stolt-Nielsen v. AnimalFeeds | Blawgosphere Roundup on Class Action Arbitration Case
By Victoria VanBuren - May 13, 2010
Following are links to noteworthy commentary about the recent U.S. Supreme Court decision on Stolt-Nielsen S.A. et al. v. AnimalFeeds Int’l Corp., No. 08-1198, April 27, 2010. The Court’s decision may be downloaded here. GUEST POST: Stolt-Nielsen Opens More Doors Than It Closes, S.I. Strong, Disputing (May 6, 2010) Goldman’s Take on AnimalFeeds, Alvin Goldman, ADR Prof Blog (May 3, 2010) US Supreme Court Rejects Non-Consensual Class Arbitra
Addressing Disruptive Behavior in Health Care
By Holly Hayes - May 11, 2010
By Holly Hayes Recently, I had the privilege of hearing Robert Wachter, MD speak. He is the Professor and Associate Chairman of the Department of Medicine at the University of California, San Francisco and an expert in the field of patient safety. He spoke about The Joint Commission’s (TJC) recent change in focus, from Safety Goals of the past that included “avoid using high risk abbreviations (those that could have two meanings)̶
GUEST-POST | Texas Supreme Court Compels Arbitration in Slip and Fall at Hospice
By Victoria VanBuren - May 10, 2010
By Glen M. Wilkerson Last Friday, the Texas Supreme Court handed down another arbitration case in In Re Odyssey Healthcare. P worked at hospice. She had employment agreement with non-subscriber (no worker’s compensation) that included an arbitration provision. She slipped at the home of a patient. P lived and accident occurred in El Paso. The Arbitration language provided: Panel of arbitrators would be from Dallas County. The Court compelle
Operations Management Approach to Conflict in Organizations
By Holly Hayes - May 7, 2010
By Holly Hayes Last week, I had the opportunity to attend the University of Texas “Innovation in Health Care Delivery Systems: Maintaining Quality and Reducing Costs Through Management and Information Technology”. One breakout session featured Donde Plowman, Ph.d., Business Professor and Department Head from the University of Tennessee. She has recently undertaken a study to increase the relevance of health services research to leader
GUEST-POST | Stolt-Nielsen Opens More Doors Than It Closes
By Victoria VanBuren - May 6, 2010
By S.I. Strong Although the decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. is being read by some as signaling the end of class arbitration –not just as we know it, but in virtually all possible forms– the opinion actually goes nowhere near that far. Instead, the 5-3 opinion can be largely limited to its facts, leaving significant questions unanswered. In some regards, the decision authored by Justice Alito is clear. In answerin
Texas Court of Appeals Holds that Incorporation of AAA Rules Evidenced Intent to Allow Arbitrator to Decide Gateway Questions
By Victoria VanBuren - May 5, 2010
We got this interesting case from Jeffrey A. Ford, from the Dallas firm of Ford Nassen & Baldwin P.C.: For those who care about Texas jurisprudence dealing with arbitrations, here you will find an opinion issued April 29, 2010, by the 5th District Court of Appeals in Texas. Of interest is the Court’s ruling that the incorporation of AAA Rules in the Contract satisfied the requirement that there be clear and unmistakable evidence of inte
Rent-A-Center, West Inc. v. Jackson | Blawgosphere Roundup on Arbitration Uncoscionability Case
By Victoria VanBuren - May 4, 2010
[UPDATE:] The U.S. Supreme Court decided Rent-A-Center, West v. Jackson on June 21. Find our commentary here: Rent-A-Center, West, Inc. v. Jackson and the Ongoing Assault on Party Autonomy Professor Alan Scott Rau Comments on Rent-A-Center, West Inc. v. Jackson As readers may already know, last week, the U.S. Supreme Court heard arguments on Rent-A-Center, West v. Jackson. The transcript is available here. Question Presented: Is the district cour
ABA Teleconference | Class Action Arbitration After Stolt-Nielsen, May 14, 2010
By Victoria VanBuren - May 3, 2010
The ABA Section of Dispute Resolution is sponsoring the Teleconference: Class Action Arbitration After Stolt-Nielsen on Friday, May 14, 2010 at 12:00 – 1:15 PM Eastern Time. The speakers are: Nina Pillard, Georgetown University Law Center (argued the case in the Supreme Court) Chris Curran, White & Case (wrote the brief) Eric Tuchman, General Counsel, American Arbitration Association For more details, click here. To register, click here
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