Menu
Archived articles from March 2012
21 articles found
Bexar County Dispute Resolution Center Honors Don Philbin
By Victoria VanBuren - March 15, 2012
The Bexar County Dispute Resolution Center (“BCDRC”) awarded our blog contributor Don Philbin with its Distinguished Service Award for 2011. The BCDRC recognized Don Philbin for his community service, particularly in multi-party and public policy disputes. Read more here. Please join us in congratulating Don!
Fifth Circuit Interprets the Meaning of a Reasoned Arbitral Award
By Victoria VanBuren - March 14, 2012
In Rain CII Carbon, LLC v. ConocoPhillips Co. No. 11-30669 (5th Cir. March 9, 2012) ConocoPhillips Company (“Conoco”) appeals the district court’s judgment confirming an arbitration award favorable to Rain CII Carbon, LLC (“Rain”). Since 2005, Conoco and Rain were parties to a long-term supply contract which includes a complex formula for capturing the market price of green coke. The contract provides that if a party believed the formula no longe
GUEST-POST | Response to ‘Stuck in Arbitration’
By Victoria VanBuren - March 13, 2012
By Michael McIlwrath On March 6, 2012, the New York Times published an Op-Ed article by Prof. Amalia D. Kessler of Stanford Law School criticizing obligatory arbitration for denying access to justice, especially in the context of consumer and employment law disputes. Here in Europe, arbitration generally cannot be made into an obligatory process for many types of disputes as it is in the United States. In Italy, for example (and it’s the same in
Article | The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes
By Victoria VanBuren - March 12, 2012
We invite you to check out Professor Thomas J. Stipanowich’s (pictured right) latest article: The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes. The piece is being published in an arbitration symposium issue of the Kansas Law Review, but it is now available for download here. The abstract is as follows: Recent Supreme C
Nursing Focus on Conflict Engagement
By Holly Hayes - March 9, 2012
by Holly Hayes The American Nurse, the official publication of the American Nurses Association, published the article The Art of Engagement: Nurses, ANA work to address conflict. Here is an excerpt: Engage in conflict? Many nurses would rather head for the hills, or at least down the hall. But at Gundersen Lutheran Health System, nurses are being asked to face conflict head on to create a better workplace and ensure safer patient care. “In genera
In Re American Express Merchants’ Litigation | The Meaning of AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - March 8, 2012
Bloomberg Law published recently an interesting article by Andrew Pincus from Mayer Brown LLP regarding the Second Circuit case In Re American Express Merchants’ Litigation, No. 06-1871-cv, (2d Cir. Feb. 1, 2012): Does the Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion – holding that arbitration clauses may not be invalidated on the ground that they contain class-action waivers – apply only when the underlying caus
ICSID Releases Its Caseload Statistics for FY 2011
By Victoria VanBuren - March 7, 2012
The International Centre for Settlement of Investment Disputes (ICSID) has recently issued its ICSID Caseload – Statistics for cases registered or administered by ICSID as of June 30, 2011.The document contains: the number of cases registered under the ICSID Convention and Additional Facility Rules; the number of other cases administered by the ICSID Secretariat; the basis of consent to ICSID jurisdiction invoked in registered arbitration a
Eastern District of Texas Denies Emergency Motion to Enjoin Arbitration Pending Appeal
By Victoria VanBuren - March 6, 2012
Recently, the Eastern District of Texas denied TPV defendants’ emergency motion to enjoin arbitration pending appeal. See Mondis Technology v. LG Electroncis, et al., 2:10cv216 (E.D. Tex. 2/13/12). Find Michael C. Smith’s excellent post about this case here.
GUEST-POST | Texas “Loser Pays” Rules May Exclude Mediation in Some Small Cases But Overall Impact Muted
By Victoria VanBuren - March 5, 2012
By Mike Schless and Don Philbin The “Loser Pays” Legislation that passed the 82nd Legislature and became effective September 1, 2011 did not contain the highly controversial loser pay provision of earlier drafts, but did direct the Texas Supreme Court to adopt rule revisions, one of which could impact ADR practice in smaller cases. Among other things, HB 274 required the Supreme Court to adopt rules to promote the “prompt, efficient, and cost-eff
Bold Predictions about Health Care Reform
By Holly Hayes - March 2, 2012
by Holly Hayes Marc Bard, chief innovation office in Navigant’s health care practice, and co-author of the book “Accountable Care Organizations, Your Guide to Strategy, Design, and Implementation” made six predictions about health care reform last week. The predictions are listed in the blog CommonHealth Reform and Reality and are in response to some specific changes in Massachusetts health care reform. Two predictions include: More t
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy