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Archived articles from August 2010
21 articles found
Article | Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International
By Victoria VanBuren - August 16, 2010
We came across the article Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International, by Robert E. Crotty from Kelley Drye & Warren LLP. Here is an excerpt: The U.S. Supreme Court’s April 27 ruling in Stolt-Nielsen v. AnimalFeeds Int’l. (No. 08-1198), leaves numerous questions unanswered, says attorney Robert E. Crotty in this BNA Insight. The five-justice majority rule
Hospitals, Privacy & Social Media
By Holly Hayes - August 13, 2010
By Holly Hayes The Joint Commission (TJC) has patient care standards regarding patient rights. Standard RI.01.01.01 states: “The hospital respects, protects, and promotes patient rights.” The standard is scored by Elements of Performance (EPs) which include: 4. The hospital treats the patient in a dignified and respectful manner that supports his or her dignity. 7. The hospital respects the patient’s right to privacy. Even with those standards in
Article | Research in International Commercial Arbitration: Special Skills, Special Sources
By Victoria VanBuren - August 12, 2010
S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, wrote recently the interesting article International Commercial Arbitration: Special Skills, Special Sources, American Review of International Arbitration, Vol. 20, No. 2, 2010. Professor Strong discusses practical issues confronting young attorneys in international commercial arbitration. Here is an excerpt: I. INTRODUCTION International commercial
Wisconsin Supreme Court Vacates Arbitration Award Reinstating Lawyer
By Victoria VanBuren - August 11, 2010
On July 21, 2010 the Supreme Court of Wisconsin decided Sands v. Menard, Inc., 2008AP1703. The employment discrimination case made national headlines because an arbitral panel awarded Sands, former general counsel for Menard, $1.6 million which included $900,000 in punitive damages. Furthermore, the panel ordered Sand’s reinstatement to her position with a salary of $175,000 per year plus a bonus (she previously earned $70,000 per year). Th
Singapore International Arbitration Centre Releases its Revised Arbitration Rules
By Victoria VanBuren - August 10, 2010
The Singapore International Arbitration Centre (SIAC) released its new arbitration rules which took effect on July 1, 2010. The new rules bring the SIAC more in line with the rules at other arbitral institutions. Among the new features are the availability of an expedited procedure when the amount in dispute does not exceed $5 million, when the parties agree, or in cases of exceptional urgency. The rules also provide for the ability to appoint an
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - August 9, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: The Agricultural Credit Act of 2009 would reauthorize state agricultural mediation progr
UNCITRAL Issues New Arbitration Rules
By Victoria VanBuren - August 6, 2010
On June 25, 2010, the United Nations Commission on International Trade Law (UNCITRAL) adopted its revised UNCITRAL Arbitration Rules. The revised rules will be effective as of August 15, 2010. They include provisions dealing with multiple parties and joinder, liability, and a procedure to object to experts appointed by the arbitral tribunal. The rules also feature clauses aimed to enhance procedural efficiency; including new procedures for the re
Fifth Circuit Rules that Unions and Employees May Contract to Exclude Certain Claims from Arbitration Under the RLA
By Victoria VanBuren - August 5, 2010
The United States Court of Appeals for the Fifth Circuit held that a grievance concerning a pilot’s discharge is not subjected to the Railroad Labor Act’s (RLA) mandatory arbitration mechanism because the collective bargaining agreement (CBA) between the airline and its pilot’s union explicitly excluded the claim. In CareFlite v. AFL-CIO, No. 08-10807 (5th Cir. Jul. 13, 2010) CareFlite is a medical transportation company that em
Disputing Blog Cited by Law Review Article: ‘Still Litigating Arbitration in the Fifth Circuit, But Less Often’
By Victoria VanBuren - August 4, 2010
We are pleased to share with you that our blog Disputing has been cited by the law review article Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010) by Donald R. Philbin, Jr. and Audrey Lynn Maness. Kudos to the authors! The article can be accessed via Westlaw or LexisNexis. These are the Disputing blog posts cited by the article: Hall Street Meets S. Maestri Place: What Standards of Review Will the
Massachusetts General Hospital Study Finds Physicians are Reluctant to Report Incompetent Colleagues
By Holly Hayes - August 3, 2010
By Holly Hayes The Joint Commission (TJC) requires that all hospitals have a process in place to identify and assist staff physicians with health and behavior problems. A July study published in the Journal of the American Medical Association (JAMA) conducted by researchers from Massachusetts General Hospital found more than 31 percent of the 2,000 doctors who responded don’t turn in colleagues who are impaired or incompetent. The study sur
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