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Archived articles from February 2011
22 articles found
W. D. of Texas Holds Dell Arbitration Agreement Illusory and Unenforceable
By Beth Graham - February 15, 2011
The Western District of Texas has dismissed a case for lack of personal jurisdiction after holding an arbitration clause in a reseller agreement was illusory and unenforceable. In Dell Mktg., L.P. v. Incompass IT, Inc., No. A-10-CA-590-SS, (W.D. Tex., February 9, 2011), Incompass IT, Inc., a reseller of Dell Marketing, L.P. products, purchased items from Dell totaling more than $75,000 and allegedly failed to pay for the products. Dell sued Incom
N. D. of Texas Compels Arbitration in an Age and Race Employment Dispute
By Beth Graham - February 14, 2011
The Northern District of Texas has ordered binding arbitration in an age and race dispute with an at-will employee where an arbitration policy was implemented several years after employment began and the employee continued working after receiving notice of the policy. In Robertson v. U-Haul Co. of Texas, No. 3:10-CV-2058-D, (N. D. Tex., February 7, 2011), John Robertson sued U-Haul Co. of Texas (“U-Haul”) “for age and race discrimination under th
Toolkit to Address Disruptive Behavior in Healthcare Published
By Holly Hayes - February 11, 2011
by Holly Hayes The U.S. Department of Defense has published an on-line Professional Conduct Toolkit designed to help put a stop to disruptive behaviors in healthcare that “undermine team effectiveness, contribute to unhealthy work environments, and put patients at risk.” The toolkit consists of four modules: Professional Conduct, Teamwork, and Patient Safety Responding to Behaviors that Undermine Safe Patient Care Supporting engagemen
Foreclosure Mediation Legislation Referred to Senate Judiciary Committee
By Beth Graham - February 10, 2011
Sen. Sheldon Whitehouse (D – Rhode Island) has introduced legislation that would provide bankruptcy court judges with the option to require homeowners undergoing bankruptcy and their lenders to engage in foreclosure mediation. According to DS News magazine, Whitehouse’s proposal is modeled after a court program in his home state of Rhode Island. He says it would not give judges the power to slash mortgage debt like the many bankruptcy cramd
E. D. of Texas Refuses to Vacate Judgment Despite Mediated Settlement Agreement
By Beth Graham - February 9, 2011
The Eastern District of Texas has refused to grant a jointly filed motion for vacatur despite that provisions of the parties’ mandatory mediation settlement agreement required vacatur of portions of the court’s earlier judgment. In Ohio Willow Wood Co. v. Thermo-Ply, Inc., No. 9:07-CV-274, (E. D. Tex., February 3, 2011), the Ohio Willow Wood Company (“OWW”) filed a lawsuit against Thermo-Ply, Inc. for alleged infringement of its paten
Article | Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard
By Beth Graham - February 8, 2011
Michael H. LeRoy, Professor of Labor and Industrial Relations and Law at the University of Illinois College of Law, recently published a law review article entitled Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard, Boston College Law Review, Vol. 52, No. 1, p. 137, 2011; Illinois Program in Law, Behavior and Social Science Paper. In his article, Professor LeRoy examines the effect Hall Street Associates v. M
Texas Supreme Court Hears Interlocutory Appeal of an Arbitral Order
By Beth Graham - February 7, 2011
Last Thursday, the Texas Supreme Court heard oral argument in CMH Homes, Inc. et al. v. Perez, No. 10-0688. At issue in this case of first impression is an interlocutory appeal from an arbitration order filed pursuant to Section 51.016 of the Texas Civil Practice and Remedies Code. Section 51.016 is a recent addition to Code and became effective on September 1, 2009. Section 51.016 states: Sec. 51.016. APPEAL ARISING UNDER FEDERAL ARBITRATION ACT
HEALTH Act Addresses Medical Liability
By Holly Hayes - February 4, 2011
by Holly Hayes After voting to repeal national health reform law on January 19th, House Republicans introduced medical liability reform legislation that would cap damage awards. The Help Efficient, Accessible, Low-cost, Timely Health Care (HEALTH) Act of 2011 “would limit noneconomic damages to $250,000, and punitive damages to the greater of $250,000 or twice the amount of economic damages. It would not preempt state laws that establish hi
Article | Should States Regulate the Mediation Profession?
By Beth Graham - February 3, 2011
Philip J. Loree Jr., a partner in the Manhasset, New York based firm of Loree & Loree and contributor to this blog, recently published an interesting article entitled Should States Regulate the Mediation Profession? The article was published in the Winter 2010-2011 edition of NE-ACR News, the newsletter of the New England Chapter of the Association for Conflict Resolution. In the article, Mr. Loree argues “proponents of state licensure
SEC Approves FINRA Plan to Allow All-Public Arbitration Panels
By Beth Graham - February 2, 2011
Yesterday, the Securities and Exchange Commission (SEC) approved a Financial Industry Regulatory Authority (FINRA) plan to provide investor-claimants with an all-public arbitration panel option. According to Investment News, The approval follows a 27-month pilot program during which Finra gave certain investors the choice of eliminating the industry arbitrator on three-person panels and replace the arbitrator with a public panelist. The Dodd-Fran
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