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Archived articles from 2010
258 articles found
Arbitration to Begin This Summer in Dispute Over Tobacco Settlement Agreement
By Victoria VanBuren - June 24, 2010
The Richmond Times reports the latest on the tobacco settlement agreement: Financially pressed states might have to return $1.1 billion to Big Tobacco this year, if a review finds the states aren’t trying hard enough to keep a 12-year-old legal settlement from hurting the companies too much. This summer, states and the nation’s Big Three tobacco firms will begin arbitrating a dispute over 2003 payments made under the settlement, the c
GUEST-POST | Rent-a-Center, West, Inc. v. Jackson and the Ongoing Assault on Party Autonomy
By Victoria VanBuren - June 23, 2010
By James M. Gaitis With the issuance of the United States Supreme Court’s decision in Rent-a-Center, West, Inc. v. Jackson, the foundational principle of party autonomy in arbitration has suffered yet another blow. In essence, and as was fairly and pejoratively described in what may well be Justice Stevens’ last opinion (dissenting, as it was), the majority’s “breezy” and “fantastic” decision in Rent-a-Center, West decrees that that even when a s
GUEST-POST | Professor Alan Scott Rau Comments on Rent-A-Center, West, Inc. v. Jackson
By Victoria VanBuren - June 22, 2010
By Alan Scott Rau One really needs a few days to absorb the importance of cases like this—I know instant punditry is increasingly de rigueur, but I’m quite uneasy with it. Anyway, with that caveat, one could say the following: The doctrinal importance of the case seems swamped by the overwhelming reality that arbitration, at least in adhesion contracts, has become something of a political football: Apparently “to decide that cla
GUEST-POST PART V | Questions Clients Have about Mediation: How Do We Get the Mediator to See It Our Way? When and Where Should We Mediate?
By Victoria VanBuren - June 22, 2010
By Kent B. Scott and Cody W. Wilson How Do We Get the Mediator to See It Our Way? The client who asks this question has not understood the mediation process. This client erroneously believes that it must persuade the mediator that it has the best case. Thus, the client must be reminded that the mediator does not decide the dispute, so persuading the mediator is not the goal. The goal is to persuade the decision maker for the adversary that it is
New Arbitration Petition Before the U.S. Supreme Court
By Victoria VanBuren - June 21, 2010
[UPDATE: The U.S. Supreme Court decided Rent-a-Center v. Jackson today. Find a link to the opinion here. Commentary about the case to follow. Stay tuned.] A new arbitration-related petition has been filed recently before the U.S. Supreme The case comes from the Court of Appeals for the Fifth Circuit. On December 17, 2009, the Fifth Circuit granted the motion to dismiss the case without any opinion. In Zurich American Insurance Company v. Pioneer
AHRQ Awards $23.2m in Grants for Medical Liability Reform and Patient Safety
By Holly Hayes - June 18, 2010
By Holly Hayes The Agency for Healthcare Research and Quality (AHRQ) announced that seven demonstration grants for the Medical Liability Reform and Patient Safety initiative have been funded for a total amount of $19.7 million. Thirteen planning grants have also been funded for a total amount of $3.5 million. The grants support the implementation and evaluation of evidence-based patient safety and medical liability projects. The seven demonstrati
Texas Mediator Article: 2009 Judicial Survey on Alternative Dispute Resolution
By Victoria VanBuren - June 16, 2010
By W. Reed Leverton In August, 2009 attendees of the annual Texas Judicial Conference were surveyed regarding their attitudes as to alternative dispute resolution processes, with a particular emphasis on mediation and arbitration. The survey was prepared by members of the Alternative Dispute Resolution Section Council and undertaken under the Council’s direction. 1,547 state judges (trial and appellate) were invited to this year’s conference, 566
GUEST-POST PART IV | Questions Clients Have about Mediation: The Mediation Settlement
By Victoria VanBuren - June 15, 2010
By Kent B. Scott and Cody W. Wilson Will a Settlement in Mediation Be Enforceable? The answer is “yes” if the settlement is memorialized in a written settlement document that is signed by all parties and their counsel. The settlement agreement is not confidential and can be enforced in court just like any other contract. However, if called upon to enforce a mediation settlement, the court will look only at the face of the document because, as we
Financial Reform Bill Moves into House-Senate Committee: Limits on Predispute Arbitration Clauses
By Victoria VanBuren - June 14, 2010
In addition to the bills discussed in our recent post, the U.S. Congress is considering a major financial reform legislation. The Restoring American Financial Stability Act of 2010. As it relates to ADR, this legislation would give the SEC the power to ban or limit mandatory arbitration in certain agreements. House Versions: H.R. 4173 and Status; Senate Versions: S.3217 and Status. The most recent version of H.R. 4173 states, SEC. 921. AUTHORITY
Health Reform Law: The Physician Insurers Association of America Reviews Four Alternatives
By Holly Hayes - June 11, 2010
By Holly Hayes American Medical News posted a review of some of the tort alternatives being considered as part of health reform that were discussed at the Physician Insurers Association of America in May: experts gave insurers a glimpse into four possible alternatives to be tested under the health reform law: health courts, early offers, apology programs and medical review panels. They detailed how the options could alleviate pressures within the
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