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Archived articles from February 2011
22 articles found
Texas Legislative Update
By Beth Graham - February 28, 2011
As many of you know, the 82nd Texas Legislature is currently in full swing. The following notable bills affecting alternative dispute resolution in Texas were filed this session: Senate Bill 218, authored by Senator Nelson and referred to the Senate Committee on Jurisprudence, relates “to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.” The bill would
GUEST-POST | Italy’s Lawyers Call for National Strike Against Mediation Law
By Beth Graham - February 25, 2011
by Michael McIlwrath A new law requiring mediation to be used in commercial cases comes into effect in Italy on March 21. It’s been heralded as a significant potential change and, you would think for a country with a famously overburdened court system, heartily welcomed as a caseload-reducing initiative. Proactive local chambers of commerce have been sponsoring initiatives to promote the introduction of mediation, and mediation providers have bee
U.S. Supreme Court Grants Cert in Arbitration Case, Denies Another
By Beth Graham - February 25, 2011
On Tuesday, the United States Supreme Court granted certiorari in Stok & Associates PA v. Citibank NA, No. 10-514, a case on appeal from the 11th Circuit Court of Appeals. The question presented in the case is: Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevo
Guest Post Part II | The Seventh Circuit Issues a Landmark Reinsurance Arbitration Opinion in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.)
By Beth Graham - February 24, 2011
by Philip J. Loree Jr. I. Introduction Part I (here) briefly discussed Chief Judge Frank H. Easterbrook’s decision in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.), No. 09-3682, 2011 WL 285156 (7th Cir. Jan. 31, 2011), and its implications on the pending Second and Fifth Circuit appeals in Scandinavian Reinsurance Co. v. Saint Paul Fire & Marine Ins. Co, No. 09 Civ. 9531(SAS), 2010 WL 653481 (S.D.N.Y. Feb. 23, 2010), and Dealer Compute
Guest Post Part I | The Seventh Circuit Issues a Landmark Reinsurance Arbitration Opinion in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.)
By Beth Graham - February 23, 2011
by Philip J. Loree Jr. Chief Judge Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit is not only a brilliant judge, writer and law professor, but a master of (among many other things) arbitration law. He understands better than most judges how commercial arbitration is supposed to work, what the Federal Arbitration Act is supposed to achieve, and how to implement the Act to ensure the parties get not only what the
Nevada Revises Foreclosure Mediation Program
By Beth Graham - February 22, 2011
The Nevada Supreme Court has revised the state’s Foreclosure Mediation Program (FMP) which commenced on July 1, 2009 in an effort to address Nevada’s high home foreclosure rate. The rules were updated following a written comment period and public hearing held last December. According to the Supreme Court of Nevada, the revised rules will: Expand the time to file a petition for judicial review from 15 to 30 days after a party receives a mediator’s
S. D. of Texas Finds Arbitration Award Not Final Before Motion for Clarification Was Denied
By Beth Graham - February 21, 2011
The Southern District of Texas has held that an arbitration award was not final before a party’s Motion for Clarification was denied. In Alvarado v. Wells Fargo Advisors, No. 10-0362, (S.D. Tex., February 15, 2011), Lisa Alvarado was employed as a financial advisor registered with Wachovia Securities. After Alvarado’s employment ceased, she entered into arbitration with Wells Fargo Advisors (“Wells Fargo”) over a promissory note and before a Fina
Collaboration Needed to Improve Health Care Delivery System
By Holly Hayes - February 18, 2011
by Holly Hayes According to an American Hospital Association (AHA) News report, Don Berwick, M.D., Administrator of the Centers for Medicare & Medicaid Services, testified on February 10, 2011, at a House Ways and Means Committee hearing on the impact the Patient Protection and Affordable Care Act (PPACA) will have on Medicare. Dr. Berwick, said: “building an improved Medicare program and health care delivery system must be a collaborat
Law Review Article | Contract and Procedure
By Beth Graham - February 17, 2011
Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, and Peter B. Rutledge, Associate Professor of Law at the University of Georgia School of Law, recently authored a theoretical and empirical law review article entitled Contract and Procedure, (February 14, 2011), Marquette Law Review, Forthcoming; University of Kansas School of Law Working Paper No. 2011-1; UGA Legal Studies Research Paper No. 11-0
WIPO Launches International Survey on Dispute Resolution in Technology Transactions
By Beth Graham - February 16, 2011
The World Intellectual Property Organization (WIPO) has launched an International Survey on Dispute Resolution in Technology Transactions. The survey was “developed with the support of the International Association for the Protection of Intellectual Property (AIPPI), the Association of University Technology Managers (AUTM), the Fédération Internationale des Conseils en Propriété Industrielle (FICPI) and the Licensing Executives Society Internatio
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