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Archived articles from 2010
258 articles found
The Fifth District of Texas Holds Confidentiality Protections Afforded by the Texas Civil Practice and Remedies Code Apply to Mediations
By Beth Graham - September 21, 2010
The Fifth District of Texas has held that an order which compelled discovery and the testimony of the attorney for a party to a mediation settlement violated the confidentiality protections afforded by the Texas Civil Practice and Remedies Code. In In re Empire Pipeline Corp., No. 05-10-01044-CV, (Tex.-App.—Dallas Sept. 15, 2010), the relators, Empire Pipeline Corporation, Empire Exploration, L.P. and Empire Exploration Corporation, sought relief
Can Clinical Integration Reform Healthcare?
By Beth Graham - September 20, 2010
We have heard a lot about reforming healthcare through clinical integration lately. On October 5, 2010, the Federal Trade Commission “will co-host a workshop on several issues associated with Accountable Care Organizations (ACOs), organizations authorized by the new Affordable Care Act that seek to deliver high-quality and efficient health care services to consumers. Joining the FTC in hosting the event are the Centers for Medicare & Me
Mediation Used in Health Care Labor Relations
By Beth Graham - September 16, 2010
by Holly Hayes When we saw this link on mediate.com about nurses requesting mediation to achieve safe staffing levels, we wondered where else mediation was being requested in healthcare conflict. A search found that in September, mediation was used, but failed, between the Minnesota Nurses Association and St. Luke’s Hospital in Duluth, MN. A nurses’ union in New Jersey requested mediation in July for their negotiations with hospital m
The First Court of Appeals of Texas Limits Scope of Special Master Authority in eDiscovery
By Beth Graham - September 16, 2010
In a very troubling opinion, the First Court of Appeals of Texas has held that providing a special master with unrestricted access to all documents on a hard drive and discretion to employ or modify search terms is impermissible when discovery is ordered in a special appearance context. In In re Howard K. Stern, No. 01-09-00438-CV, (Tex. App.—Houston [1st Dist.] August 25, 2010) celebrity Anna Nicole Smith’s mother, Virgie Arthur, alleged in an u
Fifth Circuit Rules Courts Lack Inherent Authority to Impose Sanctions for Arbitral Conduct
By Beth Graham - September 15, 2010
The Fifth Circuit has held that it lacks inherent authority to impose sanctions for conduct which occurred during arbitration. In Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 09-10355, (5th Cir., September 13, 2010), Positive Software Solutions sued New Century for allegedly infringing telemarketing software licensed to New Century. The case was subsequently ordered to arbitration under the terms of the parties’ contract.
First Court of Appeals of Texas Holds a Cooperative Law Agreement in a Divorce Proceeding Does Not Violate Public Policy
By Beth Graham - September 14, 2010
The First Court of Appeals of Texas held in a case of first impression that a cooperative law agreement in a divorce proceeding does not violate public policy. In In re Mary Lynn Mabray, No. 01-09-01099-CV (Tex. App.-Hous. (1 Dist.) August 31, 2010) the relator, Mary Lynn Mabray, challenged a trial court’s order denying her motion to disqualify counsel from representing her husband, Gary Allen Mabray, and her motion to revoke consent to arb
Article | Less than Half of Miami-Dade County Homeowners Comply With Court Ordered Foreclosure Mediation
By Beth Graham - September 13, 2010
In January, the Florida Supreme Court ordered mediation on all home foreclosure cases. According to Miami Today, less than half of homeowners in Miami-Dade County have complied with state-mandated mediation since January. Miami-Dade County is one of three Florida counties that ran a managed mediation pilot program prior to the state-mandated mediation order. The Mortgage Foreclosure Mediation Program administered by the non-profit Collins Center
How Healthcare Staff Can Impact Quality
By Holly Hayes - September 10, 2010
by Holly Hayes Our good friend, Don Philbin, sent us this link to a Harvard Business School article about “Turning Employees Into Problem Solvers” in healthcare. The article looks specifically at incident-reporting systems in hospitals and, rightly so, suggests that any system used to report and track incidents in healthcare should contribute to the implementation of actions to correct for those incidents resulting in higher quality c
Fifth Circuit Rules Arbitrability Question is for Arbitrator to Decide Where Parties Clearly Intended So
By Beth Graham - September 9, 2010
The Fifth Circuit has held that the question of arbitrability is for an arbitrator to decide where an arbitration agreement exists between the parties and they clearly intended for the issue to be arbitrated based on the wording of the arbitration provision. In Allen v. Regions Bank, No. 09-60705, (5th Cir., August 11, 2010), plaintiffs (the Allens) obtained a home equity loan from First American National Bank in October 1999. The bank withheld f
Texas Bar Journal Article: “What You Always Wanted to Know About Arbitration”
By Beth Graham - September 8, 2010
Texas Bar Journal September 2010 | Volume 73, 8 This issue features an interesting article entitled “What You Always Wanted to Know About Arbitration” written by Scott D. Marrs and Sean P. Milligan. The article seeks to answer five key arbitration questions recently decided by the courts: 1. Can the parties agree that an arbitration award is appealable? In Hall Street Associates, Inc. v. Mattel, Inc., No. 06-989, 552 U.S. 576 (2008), the U.S. Sup
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