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Archived articles from August 2010
21 articles found
American Review of International Arbitration Article | Understanding (and Misunderstanding) ‘Primary Jurisdiction’
By Victoria VanBuren - August 31, 2010
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Understanding (and Misunderstanding) “Primary Jurisdiction, American Review of International Arbitration (forthcoming). Here is the abstract: In our “Westphalian” regime of international arbitration, conflict and competition between national jurisdictions, with overlapping and yet plausible claims to supervise the process, become inevitable. The conv
Trial Date and Mediation Set in Massey Energy Coal Slurry Case
By Victoria VanBuren - August 30, 2010
Here is an update from the Associated Press about the Massey Energy pollution case: By VICKI SMITH Hundreds of southern West Virginia residents who claim Massey Energy Co. poisoned their wells and made them sick by pumping coal slurry underground will get their day in court next year — and a chance to settle the case this fall. A mass litigation panel handling the long-delayed lawsuit against Virginia-based Massey and subsidiary Rawl Sales
Physician Survey Reports: 4.5% of Medical Liability Cases Resolved by ADR
By Holly Hayes - August 27, 2010
By Holly Hayes An August American Medical Association (AMA) survey of 5,825 physicians illustrates a need for medical liability state and federal reforms. Survey responses indicated: 42.2% of physicians were sued, with 22.4% sued twice or more. Rates varied by specialty, but general surgeons and obstetrician-gynecologists were most likely to be sued (69.2%). Family physicians and general internists had similar rates (38.9% and 34%). Pediatricians
US MSHA Unveils Pilot Mediation Program
By Victoria VanBuren - August 26, 2010
Platts reports that the U.S. Mine Safety and Health Administration (MSHA) just launched a pilot mediation program. Here are the details: Washington (Platts)–20Aug2010/540 pm EDT/2140 GMT US mine safety regulators plan to revert to a speedier mediation process during a 90-day test period starting later this month in an effort to reduce the number of citations appealed by operators. The Mine Safety and Health Administration said Friday it pla
American Health Lawyers Association Newsletter | U.S. Court in Kentucky Orders Arbitration of Contract Dispute Between Hospital and Physician
By Holly Hayes - August 25, 2010
The August 20th issue of Health Lawyers Weekly, a publication by the American Health Lawyers Association features the following interesting case: A federal court in Kentucky held recently that a physician and hospital must arbitrate their contract dispute and enjoined the physician from proceeding with his state court action against the hospital. Greenview Hospital, Inc. and Dr. Eric Wooten entered into a purported contract on October 8, 2010. Se
Disputing’s 5-Year Anniversary
By Victoria VanBuren - August 24, 2010
We are happy to share with you that our blog Disputing turns five today! Disputing was originally conceived by Karl Bayer and Rob Hargrove as a forum for discussion of legal developments as they happen. We have come a long way since our very first blog post: Three Law Review Articles have cited Disputing (here, here and here). Disputing was mentioned by the Wall Street Journal for covering consumer arbitration clauses and the “Arbitration Fairnes
College of Commercial Arbitrators Issues Protocols for Expeditious, Cost-Effective Commercial Arbitration
By Victoria VanBuren - August 23, 2010
The College of Commercial Arbitrators (CCA) has issued its Protocols for Expeditious, Cost-Effective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions. Professor Thomas J. Stipanowich, contributor of this blog, is the Editor-in-Chief of this excellent resource and Curtis E. von Kann and Deborah Rothman participated as Associate Editors. You may download the protocols here. Te
Article | Writing Arbitration Clauses After Rent-A-Center, West
By Victoria VanBuren - August 19, 2010
Allan Dinkoff from Weil Gotshal & Manges LLP wrote an interesting piece discussing arbitration clauses after the U.S. Supreme Court ruling on Rent-A-Center, West. Dinkoff suggests writing two arbitration clauses in employment agreements: The lessons to employers and others is clear. The agreement to arbitrate should contain two separate clauses, which should be made clearly independent. The first clause should contain the agreement to arbitra
Legal Issues in the Development of the Internet | State Bar of Texas WEBCAST, Aug 25th
By Victoria VanBuren - August 18, 2010
Mark your calendars! Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog will host “Legal Issues in the Development of the Internet: The Five Big Bang Theory,” a State Bar of Texas Webcast on Wednesday, August 25, 2010 from 12:30-1:30pm CST. TOPICS: Statutes and judicial rulings have impacted the development of the Internet, and this program will include a description of how laws including antitrust and in
Fifth Circuit Finds Arbitration Waiver
By Victoria VanBuren - August 17, 2010
The United States Court of Appeals for the Fifth Circuit held that a defendant had waived its right to compel arbitration because its substantial invocation of the judicial process had prejudiced the plaintiff. In MC Asset Recovery, LLC v. Castex Energy, Inc., No. 09-10451 (5th Cir. Aug. 2, 2010) MC Asset Recovery, LLC (MCAR) sued Castex Energy, Inc. (Castex) alleging breach of a purchase and sale agreement. The district court denied Castex’
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