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Archived articles from May 2013
20 articles found
El Paso Appeals Court Upholds Arbitral Award Despite Alleged Arbitrator Error
By Beth Graham - May 14, 2013
Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with American Arbitration Association (“AAA”) rules. The court granted CPC’s motion and compelled the dispute to arbitration but required the parties to engage in arbitration with only one court-appointed arbitrator instead of before a panel of three arbitrators.
NLRB Defers to Arbitral Decision in Healthcare Employment Dispute
By Beth Graham - May 13, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require
Congress Considers Arbitration Fairness Act of 2013
By Beth Graham - May 10, 2013
Earlier this week, Minnesota Senator Al Franken reintroduced legislation aimed at removing forced arbitration clauses from antitrust, consumer, and employment contracts. Amends the FAA by adding a new chapter invalidating agreements that require the arbitration of employment, consumer, civil rights, or antitrust disputes made before the dispute arises.
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
By Beth Graham - May 9, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunctio
International Arbitration and Discovery Under 28 U.S.C. Section 1782
By Beth Graham - May 8, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored an article discussing the changing role of discovery requests pursuant to 28 U.S.C. Section 1782 in international arbitration disputes.
Fifth Circuit Holds Federal Court May Enjoin Litigation of Arbitrable Claims in State Court
By Beth Graham - May 7, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. Next, the Appeals Court dismissed Appellants’ argument that Aflac’s request for arbitration and motion to enjoin their state-law claims was barred by the Anti-Injunction Act.
Interest Arbitration as Alternative Dispute Resolution: The History
By Beth Graham - May 6, 2013
In a recently published paper, Professor Joseph Slater (University of Toledo College of Law) examines the long history of using “interest arbitration” in public-sector labor relations disputes. The paper gives a historical overview of the development of interest arbitration, discussing how and why it developed as it did.
FEMA Announces Arbitration Pilot Program for Hurricane Sandy Disputes
By Beth Graham - May 3, 2013
The Federal Emergency Management Agency (FEMA) has announced plans to establish an arbitration pilot program for handling disaster assistance disputes related to Hurricane Sandy.
Healthcare Collaboration: The Experience at One Hospital
By Holly Hayes - May 3, 2013
At Cleveland Clinic, a patient was asked to keep a journal of all the caregivers she saw over her five-day stay. In 2010, all 43,000 employees at Cleveland Clinic participated in a mandated half-day exercise that cost $11 million. According to CMS, the overall patient satisfaction for Cleveland Clinic has risen from 55% in 2008 to 92% in 2012 (approximately 4,600 hospitals were surveyed).
Corpus Christi COA Upholds $31 Million Arbitral Award
By Beth Graham - May 1, 2013
The 13th District of Texas has upheld an arbitral award in an investment dispute. Shor also stated the agreements between Seashore and Black required the parties to resolve any disputes through arbitration and requested pre-arbitration discovery.
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