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Archived articles from June 2011
24 articles found
What if Someone Mediates in ‘Bad Faith’?
By Victoria VanBuren - June 30, 2011
In 2009, the Texas Legislature signed into law Texas House Bill 2256. The bill provides a procedure for mediation of out-of-network health benefit claim disputes. The law now gives patients the option to mediate when they are “balance-billed” by their insurance company for services provided by out-of-network facility-based physicians like radiologists, pathologists, and neonatologists. Balance billing occurs when a physician bills a patient for t
The Los Angeles Dodgers May Be Headed Back to Mediation
By Victoria VanBuren - June 29, 2011
By Brett Goodman Yesterday, Major League Baseball (the MLB) rejected a proposed television deal for the Los Angeles Dodgers, a move that sends the McCourt divorce proceedings back to the drawing board and highlights the complications that can arise from a lack of proper mediation. The highly publicized divorce of Frank and Jamie McCourt, former joint owners of the Los Angeles Dodgers baseball franchise, had finally reached an agreement on June 17
Tort Reform in Texas: Loser Pays Bill Signed into Law
By Holly Hayes - June 28, 2011
Texas Governor Rick Perry recently signed into law HB 274. The bill’s history is here and the HRO analysis is here. The bill is effective September 1, 2011 and directs the Supreme Court of Texas to create rules for the early dismissal of “causes of action that have no basis in law or fact on motion and without evidence.” The bill also allows trial courts to award attorney’s fees to a prevailing party on the court’s granting or d
Dallas Bar Association CLE | How to Incorporate Interest-Based Negotiation into Your Practice, June 30, 2011
By Victoria VanBuren - June 27, 2011
The Dallas Bar Association, Collaborative Law Section will be hosting a CLE entitled “How to Incorporate Interest-Based Negotiation into Your Practice” on Thursday, June 30, 2011 at noon (CST) at the Belo Mansion. Speakers will be John Lande, (via teleconference) Director of the LLM Program in Dispute Resolution the University of Missouri School of Law, and Camille Milner, North Texas collaborative Lawyer, mediator, and frequent speak
Jones v. Halliburton/KBR: Trial Begins, Not Arbitration
By Victoria VanBuren - June 25, 2011
As the Wall Street Journal reports, Jamie Leigh Jones' trial has began in Houston. Jones v Halliburton/KBR is an employment arbitration case with tragic facts that made the national headlines, including a story by the National Public Radio (NPR). Jones claims that in July 2005, four days after she arrived to work in Iraq, she was gang raped by seven co-workers.
Are Parties Required to Mediate in Good Faith?
By Victoria VanBuren - June 24, 2011
By Brett Goodman Unlike many other jurisdictions, the Texas statutes are silent on the issue of good faith mediation. Perhaps the most pertinent provision within chapter 154 of the Texas Civil Practices and Remedies Code is found at §154.002, stating, “It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including the mediation of is
Texas Supreme Court Rules on Interlocutory Appeal of an Arbitration Dispute
By Victoria VanBuren - June 23, 2011
The Texas Supreme Court held that Texas Civil Practice and Remedies Code Section 51.016 does not allow an interlocutory appeal of an order appointing an arbitrator. In CMH Homes,et al.v. Adam Perez, No. 10-0688 (Tex., May 27, 2011), Adam Perez purchased a manufactured home from CMH Homes , Inc. from salesman Bruce Robinson Moore, Jr. and Vanderbilt Mortgage and Finance financed the purchase. The contract between CMH Homes and Perez contained an a
Federal Texas Court Rules for Producing Negotiation Communications
By Victoria VanBuren - June 22, 2011
By Brett Goodman The United States District Court for the Eastern District in Tyler, Texas, has allowed a motion to compel and denied a motion to protect in a suit concerning negotiation communications of formerly created license agreements to patents-in-suit. In Clear with Computers, LLC v. Bergdorf Goodman, Inc., 753 F. Supp. 2d 662, 663 (E.D. Tex. 2010) Clear With Computers (CWC), a provider of computer parts and repair, sued many defendants o
GUEST-POST PART II | Lawyering with Planned Early Negotiation
By Victoria VanBuren - June 21, 2011
By John Lande Part I described the “prison of fear” that keeps many lawyers and parties from negotiating early in a dispute. This Part describes how lawyers can initiate and conduct a “planned early negotiation” or “PEN.” Lawyers should routinely do an “early case assessment” to analyze what procedure would be most appropriate. In some cases, it is clear from the outset that the parties need to engage in all-out adversarial litigation. But in mos
GUEST-POST PART I | Lawyering with Planned Early Negotiation
By Victoria VanBuren - June 20, 2011
By John Lande In an all-too-common pattern in litigation, settlement comes only after the lawyers engage in adversarial posturing, the original conflict escalates, and the parties’ relationship deteriorates. It costs a lot, takes a long time, and none of the parties is happy with the settlement. Almost any disagreement can escalate the conflict and divert energy from the tasks needed to resolve disputes efficiently. Although some lawyers enjoy th
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