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Archived articles from 2010
258 articles found
Supreme Court Issues Orders on Special Master Interim Report
By Beth Graham - October 19, 2010
On October 12, 2010, the United States Supreme Court issued orders in Montana v. Wyoming (No. 137, Original). The original jurisdiction water rights case was filed before the Court in early 2007 and subsequently transferred to a Special Master prior to the Court’s review. The October 12th orders resulted from Montana’s objections to an interim report issued by the Special Master in February. First, the Court ordered oral argument regarding whethe
Defensive Medicine and the Role of Tort Reform
By Holly Hayes - October 18, 2010
by Holly Hayes Modern Physician recently reported about a study by Harvard researchers that says the nation’s “medical liability system” accounted for approximately “$55.6 billion—or 2.4% of total healthcare spending in 2008—with almost $45.6 billion of that figure being spent on the practice of “defensive of medicine,” which includes ordering tests and procedures or avoiding high-risk patients in an effort to avoid being sued.”
Alternative Dispute Resolution and the Rule of Law Symposium Held Today
By Beth Graham - October 15, 2010
The University of Missouri School of Law Center for the Study of Dispute Resolution is holding an Alternative Dispute Resolution and the Rule of Law symposium today in cooperation with the ABA Section of Dispute Resolution and the Missouri Center for the Study of Conflict, Law & the Media. The symposium is the first of its kind to examine the relationship between the Alternative Dispute Resolution and the Rule of Law: On the face of it, the R
Second Circuit Eyes On Supreme Court, AT&T Mobility
By Beth Graham - October 14, 2010
A recent news story published in The AM Law Daily highlights an interesting arbitration case from the Second Circuit. The case involves a young attorney named Joshua Fensterstock who, after graduating with over $100,000 in student loans in 2003, consolidated his student loans in 2006 with Education Finance Partners (EFP), a student loan company serviced by Affiliated Computer Services (ACS). By August 2007, Fensterstock noticed that his loan bala
Article | Arbitration-Related Litigation in Texas
By Beth Graham - October 13, 2010
Mark Trachtenberg and Christina Crozier from the Houston office of Haynes & Boone, L.L.P. recently published an interesting and useful article entitled “Arbitration-Related Litigation in Texas,” (29 Corporate Counsel Rev. 1 (2010)). The article discusses the effect of governing law on arbitration-related litigation, pre-arbitration litigation and post-arbitration litigation in the State of Texas. Here is an excerpt: Congress intended for arbi
Beaumont Court of Appeals Holds Arbitration Agreement Enforceable Despite “Biblical Scripture” Aspects
By Beth Graham - October 12, 2010
The Beaumont Court of Appeals has held that an arbitration agreement in an employment contract was valid and enforceable despite that the agreement included biblical scripture aspects and the parties failed to seek biblically based meditation prior to submitting their dispute to arbitration. In The Woodlands Christian Academy v. Weibust, 09-10-00010-CV, (Tex. App. – Beaumont, October 7, 2010), Monica Weibust brought claims against her former empl
Eastern District of Texas Rules on Arbitration of Credit Accounts
By Beth Graham - October 11, 2010
According to the Eastern District of Texas, a change-of-terms provision in a credit card agreement does not defeat the parties’ mutual obligation to arbitrate. In Wynne v. American Express Co., 2:09-CV-00260-TJW, (5th Cir. Sept. 30, 2010), Todd Wynne brought deceptive trade practices, negligent misrepresentation and fraud claims against American Express (Amex), which alleged Amex’s representations regarding its “no pre-set spending limits”
Accountable Care Organization Workshop Held
By Beth Graham - October 8, 2010
On October 5, 2010 the Federal Trade Commission (FTC) co-hosted a “Workshop Regarding Accountable Care Organizations and Implications Regarding Antitrust, Physican Self-Referral, Anti-Kickback and Civil Monetary Penalty Laws.” The Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services’ Office of Inspector General joined the FTC in addressing several issues associated with Accountable Care Organizations
Supreme Court News
By Beth Graham - October 7, 2010
The U.S. Supreme Court term is in full swing. Class-wide arbitration agreements have been a hot topic in the courts recently and the trend is continuing with the high court this fall. ADR news to note: Scheduled for November 9, 2010 Oral Argument AT&T Mobility LLC v. Concepcion, 09-893: A class-wide arbitration case from the 9th Circuit asking the Court to consider whether the Federal Arbitration Act (FAA) preempts states from conditioning en
California Court Holds Class Action Waiver Unenforceable
By Beth Graham - October 6, 2010
The Eastern District Court of California has held a class action arbitration agreement waiver unenforceable and refused to compel arbitration against a former employee seeking class action status. In Mathias v. Rent-A-Center, Inc., No. S-10-1476 (E.D. Cal. Sept. 15, 2010), Ryan Mathias, a former Assistant Manager of a Rent-A-Center (RAC) located in California filed a class action lawsuit in California state court which alleged eight claims relate
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