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Archived articles from March 2011
22 articles found
Law Review Article | Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders
By Beth Graham - March 17, 2011
Dr. Michael A. Helfand, Associate Professor of Law and Associate Director, Glazer Institute for Jewish Studies at the Pepperdine University School of Law, recently authored an interesting article entitled “Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders,” 86 N.Y.U. L. Review, __ (2011), Forthcoming. In his article, Professor Helfand discusses religious arbitration agreements and awards and offers policy re
Texas Supreme Court Denies Cert. Where Agreement Required Arbitrator to be Saudi National or Muslim Foreigner
By Beth Graham - March 16, 2011
The Supreme Court of Texas has denied a party’s petition for a writ of mandamus after the Houston [1st] Court of Appeals held U.S. courts lacked authority to appoint an arbitration panel. In In re Aramco Services Co., No. 01-09-00624-CV, (Tex. App. – Houston [1st], March 19, 2010), DynCorp International, LLC and Aramco entered into a contract for a computer system which was to be manufactured in the U.S. and installed at Aramco’s offices in Saudi
The CareFlite v. AFL-CIO Saga Continues
By Beth Graham - March 15, 2011
The Northern District of Texas has held the mandatory arbitration mechanism of the Railway Labor Act (RLA) preempted a grievance which required interpretation of a collective bargaining agreement (CBA), but did not preclude claims which were independent of the CBA. In CareFlite v. AFL-CIO, No. 4:07-CV-334-Y, (N.D. Tex., February 11, 2011), CareFlite, a medical transportation company, sought summary judgment on two counts of the Office and Profess
Texas Supreme Court Holds Arbitration Agreement May Grant Non-Signatories the Right to Compel Arbitration
By Beth Graham - March 14, 2011
The Supreme Court of Texas has held “parties to an arbitration agreement may grant non-signatories the right to compel arbitration.” In In re Rubiola, No. 09-0309, (Tex., March 11, 2011), Brian and Christina Salmon agreed to purchase a home from Greg and Catherine Rubiola with J.C. Rubiola acting as listing broker for the transaction. Brothers Greg and J.C. Rubiola jointly operate a number of real estate and mortgage companies in San Antonio, inc
ACHE 2011 Congress on Healthcare Leadership | Chicago, March 21-24
By Holly Hayes - March 10, 2011
Mark your calendars! The American College of Healthcare Executives (ACHE) will host the 2011 Congress on Healthcare Leadership March 21-24, 2011 in Chicago, IL at the Hilton Chicago and Palmer House Hilton. The 2011 Congress will offer “more than 100 educational seminars, special programs, networking events and professional development possibilities.” According to the event brochure, the Congress, will be filled with opportunities to explore the
Guest Post Part III.A | The Seventh Circuit Issues a Landmark Reinsurance Arbitration Opinion in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.)
By Beth Graham - March 9, 2011
Should the Second Circuit Reverse the District Court’s Judgment in Scandinavian Reinsurance Co. v. Saint Paul Fire & Marine Ins. Co.? by Philip J. Loree Jr. I. Introduction Parts. I and II of this three-part post discussed Chief Judge Frank H. Easterbrook’s decision in Trustmark Ins. Co. v. John Hancock Life Ins. Co. (U.S.A.), No. 09-3682, 2011 WL 285156 (7th Cir. Jan. 31, 2011), and said that Trustmark, in conjunction with Sphere Drake Ins.
Houston COA Holds Challenge to Applicability of FAA Was Waived
By Beth Graham - March 8, 2011
The Houston [1st] Court of Appeals has held a party to a transportation worker employment contract waived any challenges to the application of the Federal Arbitration Act (FAA) “by invoking it in the trial court.” In Morris v. Thomas Petroleum, No. 01-09-01065-CV, (Tex. App. – Houston [1st], March 3, 2011), Thomas Petroleum, Inc. and Thomas Fuels, Lubricants and Chemicals (collectively, “Thomas”) appealed a trial court’s confirmation of an arbitr
N.D. of Texas Issues Temporary Restraining Order Enjoining FINRA Arbitrations
By Beth Graham - March 7, 2011
The Northern District of Texas has issued a Temporary Restraining Order enjoining multiple arbitration proceedings before the Financial Industry Regulatory Authority (FINRA). In Billitteri v. Securities America Inc., et al., No. 3:09-CV-01568-F and related cases, (N.D. Tex., February 18, 2011), a group of representative plaintiffs in a class action lawsuit jointly filed a Motion for Preliminary Approval of a partial class action settlement with s
CalOHII Publishes Electronic HIE Demonstration Projects Regulations
By Holly Hayes - March 4, 2011
The California Office of Health Information Integrity (CalOHII) has published proposed regulations for its electronic health information exchange (HIE) demonstration projects. According to CalOHII’s Initial Statement of Reasons, such projects “will test policies and rules to better inform the State and health care stakeholders while the HIE infrastructure is being defined over the next several years. By allowing for various HIE demonstratio
AHLA — Top Ten Health Law Issues 2011
By Holly Hayes - March 3, 2011
by Holly Hayes The February 2011 American Health Lawyers Association (AHLA) Connections magazine lists the “Top Ten Health Law Issues in a Reformed Healthcare System 2011.” Healthcare reform law passed in 2010 prompted the AHLA to change the focus of their annual “Top 10” article for 2011. Former “Top 10” issues amended by healthcare reform and some new topics that emerged by the passage of the legislation are
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