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2009 Developments in Mediation: Mediation Option for ‘Balance Billing’ in Health Care
By Victoria VanBuren - December 11, 2009
by Holly Hayes In June, we discussed the passage of Texas House Bill 2256, which provides a procedure for mediation of out-of-network health benefit claim disputes. Patients in Texas now have the option to mediate when they are ‘balance-billed’ by their insurance company for services provided by out-of-network facility-based physicians like radiologists, pathologists, neonatologists, and emergency room physicians. (post available here
U.S. Supreme Court Decides Railway Labor Act Arbitration Case
By Victoria VanBuren - December 10, 2009
As we were ready to wrap-up the year, the U.S. Supreme Court decides yet another arbitration case. In Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009), the issue before the Court was whether pre-arbitration conference was a jurisdictional requirement. We will post a summary of the case after we read it and it will be added to our 2009 Year-End post as well.
2009 Arbitration Case Law: Texas Supreme Court
By Victoria VanBuren - December 9, 2009
Continuing with our 2009 Year-End Highlights series, we present today a summary of noteworthy arbitration opinions handed down by the Texas Supreme Court. The landmark case In re Poly-America, L.P. , 262 S.W.3d 337 (Tex. 2008) decided in 2008, involves a retaliatory-discharge claim. The court concluded that fee-splitting schemes in an arbitration agreement are unconscionable. (post available here) In February, the court decided three arbitration-
2009 Arbitration Case Law: U.S. Supreme Court
By Victoria VanBuren - December 8, 2009
Welcome to Disputing‘s 2009 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On March 9, the Court decided Vaden v. Discover Bank. The issues were (1) whether a district court, if asked to compel arbitration, should “look through” the petition and grant the relief if the court would have federal-question jurisdiction of the controversy and (2) whether a district court should exercis
2009 Year-End Highlights: Arbitration and Mediation
By Victoria VanBuren - December 7, 2009
Disputing is pleased to introduce its Year-End Highlights series. During this month, we will discuss 2009 developments in case law and legislation regarding arbitration and mediation. Stay tuned! Karl Bayer, Holly Hayes, and Victoria VanBuren
Fifth Circuit Affirms Confirmation of NASD Arbitration Award
By Victoria VanBuren - December 5, 2009
In The Householder Group v. Caughran, No. 09-40111 (5th. Cir. Nov. 11, 2009), the court summarizes the facts as follows: [A] panel of arbitrators with the National Association of Securities Dealers, Inc. (“NASD”) awarded Householder Group $39,500 in compensatory damages for breach of a promissory note, $50,000 in compensatory damages for breach of a Branch Office Agreement, and $70,000 in attorneys fees. Thereafter, Householder Group filed a moti
Texas Supreme Court Compels Nonsignatories to Arbitrate Wrongful Death Claims
By Victoria VanBuren - December 2, 2009
In re Golden Peanut Co., (Texas 2009) (No. 09-0122) deals with family members who brought a wrongful death action against Grant Drennan’s employer, Golden Peanut Company, LLC. (“Golden Peanut”). Golden Peanut did not subscribe to worker’s compensation insurance, but provided an Employee Injury Benefit Plan which called for binding arbitration of employment-related claims. Golden Peanut filed a motion to compel arbitration.
Tenth Circuit Decides Manifest Disregard of the Law Case and Imposes Sanctions Under 28 U.S.C. § 1927 for ‘Frivolous’ Attempt to Vacate Arbitration Award
By Victoria VanBuren - December 1, 2009
[Hat tip to our blog contributor Peter S. Vogel] The United States Court of Appeals for the Tenth Circuit held that an arbitrator did not act with manifest disregard of the law when he turned to extrinsic evidence to determine the parties’ intent. The court also granted sanctions to compensate the company for unnecessary legal fees incurred when the other party appealed the arbitral award. I. Background In DMA Int’l, Inc. v. Qwest Com
ABC News: A Woman Who Claims Sexual Assault Wins $3 Million Arbitration Award From KBR – Former Halliburton Division
By Victoria VanBuren - November 26, 2009
ABC News reported that Tracy Barker, former employee of Halliburton/ KBR has won a $2.93 million arbitration award. Ms. Barker claims that she was sexually assaulted by a U.S. State Department employee in Iraq in 2005. Read more about this case here, here, and here. Technorati Tags: arbitration, ADR, law,
H.R. 3962: U.S. House Health Care Bill Addresses ‘Balance Billing’
By Victoria VanBuren - November 20, 2009
By Holly Hayes As noted in a previous post (available here) Texas House Bill 2256, signed into law on June 19, 2009, provides a procedure for mediation of out-of-network health benefit claim disputes. The law gives patients the option to mediate when they are ‘balance-billed’ by their insurance company for services provided by out-of-network facility-based physicians like radiologists, pathologists, and neonatologists. ‘Balance
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