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Archived articles from April 2011
21 articles found
Law Review Article | Regulating Mandatory Arbitration
By Beth Graham - April 15, 2011
A new paper entitled Regulating Mandatory Arbitration, is available from Thomas Burch, Assistant Visiting Professor in Law at the Florida State University College of Law. (Utah Law Review, 2011; FSU College of Law, Public Law Research Paper No. 493.) In his paper, Professor Burch examines mandatory arbitration jurisprudence and reform efforts over the past twenty-five years. Here is the abstract: Over the last twenty-five years, the Supreme Court
San Antonio Appeals Court Holds Signatory May Not Waive Non-Signatory’s Right to Arbitrate
By Beth Graham - April 14, 2011
The San Antonio Court of Appeals has held that a signatory’s waiver of its right to arbitrate could not be imputed to its non-signatory agent. In Garcia v. Huerta, No. 04-10-00688-CV (Tex. App. – San Antonio, March 30, 2011) Albert Garcia appealed a trial court’s order which denied arbitration against Edward and Margarita Huerta. The Huertas obtained a home equity loan from Wells Fargo and entered into an arbitration agreement with Wells Fargo as
Innovations in Collaboration and Conflict Resolution – Skills Enrichment Institute | Austin, July 28-29
By Beth Graham - April 13, 2011
The Center for Public Policy Dispute Resolution at the University of Texas School of Law will be hosting “Innovations in Collaboration and Conflict Resolution – Skills Enrichment Institute,” July 28-29 at the Four Seasons Hotel in Austin, TX. According to the Center for Public Policy Dispute Resolution, This dynamic skill-building program allows participants to choose from five intensive two-day tracks. In addition, the program fosters oppo
Ninth Circuit Affirms Mediated Facebook Settlement
By Beth Graham - April 12, 2011
The Ninth Circuit Court of Appeals has enforced a mediation confidentiality agreement and refused to nullify a mediated settlement agreement. In Facebook v. ConnectU, Inc., No. 08-16873, (9th Cir., April 11, 2011), Cameron and Tyler Winklevoss sued Mark Zuckerberg in Massachusetts claiming he stole the idea for the social networking site Facebook from them. Zuckerberg countersued the Winklevosses and their social networking site, ConnectU, in Cal
Law Review Article | Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case
By Beth Graham - April 11, 2011
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law recently authored and interesting and useful article entitled Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case, Baylor Law Review, Forthcoming. In her article, Professor Blankley examines the process of med-arb from a confidentiality and privilege standpoint. Here is the abstract: As th
N.D. of Texas Holds Signatory May Enjoin Another Signatory From Pursuing Litigation Against Non-Signatory
By Beth Graham - April 8, 2011
The Northern District of Texas has held that a signatory to an arbitration agreement may enjoin another signatory from pursuing litigation against a non-signatory. In Salad Bowl Franchise Corp. v. Crane, No. 3:11-CV-0034-D (N.D. Tex., March 17, 2011), Salad Bowl, a Texas corporation with its principal offices in Dallas, entered into a franchise agreement which contained an arbitration clause with New Mexico residents Mason and Henry Crane (“the C
SEC Approves Revised Discovery Guide for FINRA Arbitrations
By Beth Graham - April 7, 2011
Via the ADR Prof Blog, we learned the U.S. Securities and Exchange Commission (SEC) approved a revised Discovery Guide applicable to FINRA securities arbitration customer cases on Friday. The proposed rule change was filed with the SEC on July 12, 2010 and published for comment in the Federal Register on August 3, 2010. The Commission received 55 comment letters on the proposed rule change. On February 8, 2011, the Commission received from FINRA
Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration Symposium Columbia, MO | October 21
By Beth Graham - April 6, 2011
Mark your calendars! On October 21, 2011, the University of Missouri School of Law Center for the Study of Dispute Resolution will host its annual symposium in cooperation with the Chartered Institute of Arbitrators (CIArb) North American Branch, the University of Missouri International Center and the University of Missouri Transatlantic Center. The symposium, entitled Border Skirmishes: The Intersection Between Litigation and International Comme
Supreme Court of Texas Holds TAA Applies Where No Evidence to the Contrary Demonstrated
By Beth Graham - April 5, 2011
The Supreme Court of Texas has held in a per curiam opinion that the Texas General Arbitration Act (TAA) applied to a dispute where a party invoked the TAA in a hearing on a motion to compel arbitration and no evidence was offered to show the TAA did not apply despite that the motion itself failed to invoke the act. In Ellis v. Schlimmer, No. 10-0243 (Tex., April 1, 2011), Ron and Tana Schlimmer purchased a home in Corpus Christi, TX from Veronic
Accountable Care Organization (ACO) Regulations Proposed
By Beth Graham - April 4, 2011
by Holly Hayes Last week, The New York Times reported the Obama administration has proposed long-awaited Affordable Care Act (the Act) regulations “encouraging doctors and hospitals to band together, coordinate care and cut costs,” through the formation of Accountable Care Organizations (ACOs). In return for this collaboration, the government is offering financial rewards to health care providers that meet detailed federal standards w
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