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Healthcare Mediation Gaining Popularity in Britain
By Victoria VanBuren - October 26, 2012
by Holly Hayes The Health Service Journal for Healthcare Leaders, a British publication, posted an article in September 2012 titled “Mediation? Now you’re talking” authored by David Liddle, founder and chief executive of the TCM Group and president of the Professional Mediators’ Association. The post references a survey of 122 National Health Service (NHS) trusts regarding workplace grievances. Survey results indicate “83 per ce
Recent Developments in International Arbitration | October, 2012
By Victoria VanBuren - October 25, 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): United Kingdom: Law governing arbitration has closest connection to law of the seat Brazil: Bumps in the road to infrastructure arbitration Nigeria: Court rules on timeframe for proceedings to enforce arbitral awards USA: District court grants Section 1782 discovery i
Arbitration and Mediation Update | October 2012
By Victoria VanBuren - October 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
UCI Recognizes Sanctions against Lance Armstrong
By Victoria VanBuren - October 23, 2012
by Jeremy Clare On October 22, 2012, the International Cycling Union (UCI) released its decision regarding USADA’s case against Lance Armstrong. UCI came to three main conclusions: (1) UCI will not appeal USADA’s reasoned decision to the Court of Arbitration for Sport (CAS); (2) UCI will recognize and implement USADA’s reasoned decision; and (3) UCI will disqualify all competitive results achieved by Mr. Armstrong from August 1, 1998 thereafter.
USADA Case against Lance Armstrong | Statute of Limitations
By Victoria VanBuren - October 22, 2012
by Jeremy Clare USADA is seeking the disqualification of all of Mr. Lance Armstrong’s competitive results from August 1, 1998 onward. According to Article 17 of the World Anti-Doping Code, the statute of limitations for an action brought against an athlete is eight years from the date that the alleged violation(s) occurred. However, USADA claimed that the statute of limitations was suspended because Mr. Armstrong concealed the violations. In its
USADA Case against Lance Armstrong | Evidence against Armstrong
By Victoria VanBuren - October 19, 2012
by Jeremy Clare The overall purpose of USADA’s Reasoned Decision was to present the evidence it gathered in order to justify the sanctions against Mr. Armstrong. The Reasoned Decision gives both, a detailed account and an extensive summary of the evidence. USADA had sworn statements from more than two dozen witnesses. The witnesses include fifteen professional cyclists and Armstrong’s former masseuse. Eleven of those cyclists were members of Arms
Changes to Texas HB 2605
By Victoria VanBuren - October 18, 2012
by Holly Hayes The following changes to HB 2605 impacting the resolution of medical fee disputes within the Texas Department of Insurance, Division of Workers’ Compensation were adopted on May 11, 2012, and become effective May 31, 2012. HB 2605 made several legislative amendments that impact the resolution of medical fee dispute cases adjudicated by the Division. This bill enacted Labor Code §413.0312, which alters the appeals process appl
USADA Case against Lance Armstrong | Standard of Proof and Means of Proof
By Victoria VanBuren - October 17, 2012
by Jeremy Clare Standard of Proof According to Article 3.1 of the World Anti-Doping Code (the Code), USADA bore the burden of establishing Mr. Armstrong’s violations of the Code. “This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt.” USADA noted in the Reasoned Decision that the standard is comparable to the standard applied to other cases of professional misconduct. In t
USADA Case against Lance Armstrong | Charges Brought against Armstrong
By Victoria VanBuren - October 16, 2012
by Jeremy Clare Writers of this blog have been posting about USADA’s case against Lance Armstrong for several months. During the next days, we will be summarizing various portions of USADA’s Reasoned Decision. We begin with the charges USADA brought against Mr. Armstrong. Charges USADA listed the following six separate charges brought against Mr. Armstrong: (1) Use and/or attempted use of prohibited substances and/or methods including EPO, blood
USADA Case against Lance Armstrong | USADA Issues its Reasoned Opinion Describing its Evidence against Lance Armstrong
By Victoria VanBuren - October 15, 2012
On October 10, 2012, the United States Anti-doping Agency (“USADA”) issued a 202-page reasoned decision describing evidence against Lance Armstrong and alleged rule violations (the “Reasoned Decision”). Under Articles 8.3 and 13.2.3 of the World Anti-Doping Code (the “Code”), USADA is obligated to send its Reasoned Decision to the parties with the having the right to appeal to the Court of Arbitration for Sport (“CA
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