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Archived articles from 2011
254 articles found
Article | An Empirical Analysis of Collaborative Practice
By Beth Graham - April 27, 2011
John Lande, Director of the LLM Program in Dispute Resolution and Isidor Loeb Professor at the University of Missouri School of Law, recently published An Empirical Analysis of Collaborative Practice, Family Court Review, Vol. 49, pp. 257-281, April 2011; University of Missouri School of Law Legal Studies Research Paper No. 2011-10. In his article, Professor Lande summarizes empirical studies conducted to date on collaborative practice. The publi
N.D. of Mississippi Rules Nursing Home Resident is Third-Party Beneficiary of Agreement to Arbitrate
By Beth Graham - April 26, 2011
Earlier this month, an interesting arbitration case was decided in the Northern District of Mississippi. In Cook v. GGNSC Ripley, LLC, No. 3:10CV018 (N.D. Miss., Apr. 14, 2011), the court held a nursing home resident was bound to an arbitration agreement as a third-party beneficiary. The American Health Lawyers Association reported, A federal trial court in Mississippi ruled April 14 that a negligence action against a nursing home by a deceased r
S.D. of Texas Confirms Foreign Arbitration Award Where Fraud Was Alleged
By Beth Graham - April 25, 2011
The Southern District of Texas has confirmed a foreign arbitration award despite that fraud was alleged because the public policy defense specified in the New York Convention does not preclude confirmation of a foreign arbitral award where the party arguing against confirmation also allegedly participated in the fraud. In Tamimi Global Co. v. Kellogg Brown & Root LLC, No. H-11-0585, (S.D. Tex., March 24, 2011), the United States of America aw
Partnership for Patients Initiative Launched
By Holly Hayes - April 22, 2011
by Holly Hayes According to Healthcare.gov, Medicaid Services (CMS) has committed up to $500 million to examine different models for improving patient care and engagement as well as collaboration with patients to reduce hospital-acquired conditions and improve transition of patients between care providers. The initiative called: Partnership for Patients: Better Care, Lower Costs is a new public-private partnership designed to “help improve
Fulbright & Jaworski Publish 2011 International Arbitration Report
By Beth Graham - April 21, 2011
Disputing would like to thank Don Philbin for alerting us to the recent publication of Fulbright & Jaworski, LLP’s 2011 International Arbitration Report, Issue 1. According to the firm’s website, Issue 1 topics include: Section 1782 Update The State of Necessity Defense in Investor-State Arbitration The Compatibility of EU Law with Bilateral Investment Treaties between EU States New Arbitration Law Passed in Hong Kong A complimentary copy of
Texas Senate Passes Collaborative Healthcare Bill
By Beth Graham - April 20, 2011
Yesterday, the Texas Senate passed a bill which seeks to establish a Texas Institute of Health Care Quality and Efficiency. Senate Bill 8 was authored by State Senator Jane Nelson and filed on February 16, 2011. The bill was referred to the Senate Committee on Health and Human Services the next day and a public hearing was held on March 29th. SB 8 seeks “to improve health care quality, accountability, and cost containment in this state by encoura
Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope
By Beth Graham - April 19, 2011
The Texarkana Court of Appeals has upheld a mediation settlement agreement (“MSA”) in a divorce proceeding where the mediator was called upon to resolve a factual dispute concerning the scope of the mediation. In In re Allen, No. 06-10-00085-CV (Tex. App. – Texarkana, March 30, 2011), Daphne and James Allen entered into a mediation settlement agreement during divorce proceedings which resulted in the division of a large piece of property that inc
Dallas COA Refuses to Compel Non-Signatory to Arbitration
By Beth Graham - April 18, 2011
The Dallas Appeals Court has refused to compel a non-signatory to a contract to arbitrate under the Federal Arbitration Act (“FAA”). In Carr v. Main Carr Development, LLC, No. 05-10-01346-CV, (Tex. App. – Dallas, 03/31/2011), Main Carr Development (“MCD”) was a limited liability corporation organized to engage in real estate development projects. An operating agreement which did not contain an arbitration clause authorized MCD to engage in a vari
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
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