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Archived articles from May 2012
21 articles found
Texas Lawyer | Arbitrator and JAMS Added to Suit Against Fish & Richardson
By Victoria VanBuren - May 31, 2012
On May 23, 2012, the plaintiffs in Ashley Brigham Patten, et al. v. M. Brett Johnson, et al., (read more about the underlying case here) added JAMS and arbitrator Robert W. Faulkner as defendants. The plaintiffs allege that JAMs and the arbitrator breached their contract by failing to provide a neutral arbitrator. Read the Texas Lawyer article here.
Recent Developments in International Arbitration | May, 2012
By Victoria VanBuren - May 30, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Ecuador:Court prevents a disrupting strategy to derail arbitration Lebanon: When does an arbitration agreement extend to third parties? Malaysia: Court clarifies timeframe for setting aside award Switzerland: Supreme Court rules on Private International Law Act Sweden
Fifth Circuit Vacates Arbitral Award Because Arbitrator Ordered Class Arbitration Without a Sufficient Contractual or Legal Basis
By Victoria VanBuren - May 29, 2012
The United States Court of Appeals for the Fifth Circuit ruled that an arbitrator exceeded his powers by ordering class arbitration without a sufficient contractual or legal basis for doing so. Background In Reed v. Florida Metropolitan University, Inc. No. 11-50509 (5th Cir. May 18, 2012) Plaintiff Jeffrey Reed obtained a bachelor’s degree in paralegal studies at Everest University Online’s (“Everest”) distance learning p
Patient Communication Resources
By Holly Hayes - May 25, 2012
by Holly Hayes We have posted here about improving provider/patient communication in healthcare. The Joint Commission (TJC) has a list of resources on its website titled: Advancing Effective Communication, Cultural Competence, and Patient-and Family-Centered Care: A Roadmap for Hospitals. The R3 Report Requirement, Rationale, Reference reviews the TJC patient-centered communication standards that will be effective July 1, 2012. The standards are
Arbitration and Mediation Legislative Update | May, 2012
By Victoria VanBuren - May 24, 2012
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
Article | Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration
By Victoria VanBuren - May 23, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration, 2012 Journal of Dispute Resolution __ (forthcoming 2012) on SSRN. Here is the abstract: This Essay considers the tension between the autonomous theory of international commercial arbitration and the more interactive theory advanced by Gary Born during his keynote address at the re
CFPB Requests Comments on the Use of Agreements Providing for Arbitration | Deadline June 23, 2012
By Victoria VanBuren - May 22, 2012
As readers may know, Section 1028(a) of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010 (the “Dodd-Frank Act”) requires the Consumer Financial Protection Bureau (“CFPB”) to “conduct a study of, and * * * provide a report to Congress concerning, the use of agreements providing for arbitration of any future dispute between covered persons and consumers in connection with the offering or providing of consu
Tenth Circuit Dismisses Lawsuit Due to Plaintiff’s Violation of Mediation Confidentiality
By Victoria VanBuren - May 21, 2012
In Hand V. Walnut Valley Sailing Club, No. 11-3228 (10th Cir. April 4,2012) plaintiff is a former member of defendant sailing club. Soon after plaintiff complained that his storage shed at the club didn’t comply with the American with Disabilities Act, plaintiff’s membership to the club was revoked. In response, plaintiff filed suit in federal court. The court sent the parties to mediation. No settlement followed the mediation. Instea
You’re Stronger Than You Think by Peter Ubel
By Holly Hayes - May 18, 2012
by Holly Hayes Shared decision-making in healthcare involves providers working with patients to determine the best course of action for their disease. We wrote about a New England Journal of Medicine article on this topic here . As a follow-up, Peter Ubel’s website on Health, Well-Being, Bioethics and Behavioral Economics has a link to an article titled “10 ways to make better decisions about cancer care.” It is a simple guide t
SEC Approves Rule Change to Raise the Cap for FINRA Simplified Arbitration Claims
By Victoria VanBuren - May 17, 2012
As discussed by the ADR Prof Blog, on May 3, the SEC approved the proposed rule change to amend FINRA’s Customer and Industry Codes of Arbitration Procedure to raise the limit for simplified arbitration from $25,000 to $50,000. The proposed rule change was published for comment in the Federal Register on February 28, 2011. The rule is available here and the approval order is here.
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