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Archived articles from December 2012
15 articles found
U.S. Supreme Court Grants Certiorari to Yet Another Class Arbitration Case
By Victoria VanBuren - December 10, 2012
On December 7, 2012, the U.S. Supreme Court granted certiorari to Oxford Health Plans LLC v. Sutter, Docket No. 12-135. The case below is: Sutter v. Oxford Health Plans LLC, 675 F.3d 215 (3d Cir. N.J. 2012). The questions presented is as follows: In Stolt-Nielsen v. AnimalFeeds International Corp., 130 S. Ct. 1758, 1776 (2010), this Court made clear that “class-action arbitration changes the nature of arbitration to such a degree that it ca
Book | Class, Mass and Collective Arbitration in National and International Law
By Victoria VanBuren - December 7, 2012
Professor S.I. Strong (University of Missouri School of Law) has just posted a draft chapter from her upcoming book, Class, Mass and Collective Arbitration in National and International Law, on SSRN. The title will be published by Oxford University Press in spring 2013 and will be the first monograph dedicated to large-scale arbitration. Professor Strong told us that the chapter posted addresses various issues relating to the interpretation of ar
American Academy of Orthopaedic Surgeons (AAOS) Supports ADR
By Holly Hayes - December 5, 2012
The American Academy of Orthopaedic Surgeons (AAOS) issued a Position Statement on Medical Liability Reform by David H. Sohn, JD, MD, and S. Jay Jayasankar, MD stating: “The AAOS believes that broad reforms are necessary to compensate negligently injured patients promptly and equitably, enhance patient–physician communication, facilitate improvement of patient safety and quality of care, reduce defensive medicine and wasteful spending, decrease l
CIArb Well Placed to Provide Arbitral Services to New Regulatory Body
By Victoria VanBuren - December 4, 2012
Further to the recent publication of the Leveson Report, “An inquiry into the culture, practices and ethics of the press”, the Chartered Institute of Arbitrators (CIArb) is well placed to provide arbitral services to a newly created independent regulatory body. In his report published on 29 November 2012, Lord Justice Leveson proposed the use of arbitration as an “essential component” in resolving civil disputes involving the press and the establ
Mandamus Granted After Trial Court Incorrectly Applied Statute
By Jeremy Clare - December 3, 2012
The Supreme Court of Texas conditionally granted mandamus relief because the trial court abused its discretion by incorrectly applying section 171.096(b) of the Texas Civil Practice and Remedies Code instead of applying 171.096(c) of the Texas Civil Practice and Remedies Code. Background In In re Lopez, 372 S.W. 3d 174 (June 8, 2012), survivors of a nursing home resident filed a demand for arbitration of survival and wrongful death claims against
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