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All articles by victoria
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Florida Arbitration Law: Wife Verbally OK’s Husband to Sign Papers Is Agency to Sign Arbitration Clause
By Victoria VanBuren - November 5, 2009
In contrast to our discussion of Koricic v. Beverly Enters. in which the Nebraska Supreme Court held that a son lacked authority to sign an arbitration agreement on behalf of his mother, a recent trial court in Florida ruled in Christenson, v. The Abbey Rehabilitation and Nursing Center that a husband had apparent authority to sign a nursing home arbitration agreement. From Florida Arbitration Law.com: In Christenson, the validity of an arbitrati
Texas Supreme Court: Insurance Coverage Dispute Involving a $1.5 Million Arbitration Award
By Victoria VanBuren - November 5, 2009
Within the five opinions released by the Texas Supreme Court on October 30, Chrysler Insurance Co. v. Greenspoint Dodge of Houston, Inc., (Texas 2009) (No. 08?0780) caught our attention. The case deals with a dispute over insurance coverage to pay for a $1.5 million defamation arbitration award granted to Noe Martinez, a former employee of Greenspoint. The award was confirmed by a district court in Harris County back in 2002. See Martinez. v. Gre
Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case
By Victoria VanBuren - November 4, 2009
The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable (Senate version: S.512 and Status; House version: H.R. 1237 and Status). In Koricic v. Beverly Enters., 278 Neb. 713 (No. S-08-1167), Frank Koricic took his elderly mother, Manda Baker, to Beverly Hallmark (now operating as Beverly Enterprises), a
Medical Liability Reform Debate
By Victoria VanBuren - November 3, 2009
by Holly Hayes Medical liability reform has not been an area of focus in the health reform debate since September when President Obama directed the Department of Health and Human Services to provide $25 million for medical liability reform and patient safety planning grants. A Congressional Budget Office (CBO) report, also mentioned on Disputing (post available here) may reinvigorate the medical liability reform debate. Details on this debate and
Harvard Negotiation Law Review Article: “Decisional Errors– On the Field, On the Bench, In Negotiations”
By Victoria VanBuren - November 2, 2009
We invite you to read the Harvard Negotiation Law Review lead article entitled “Decisional Errors – On the Field, On the Bench, In Negotiations” written by Disputing’s blog contributor Don Philbin. Needless to say, anything Don writes is worth reading. Find the full article here. Technorati Tags: ADR, law, negotiations
Disputing Mediation Post Quoted by the Dallas Morning News
By Victoria VanBuren - November 2, 2009
We just found out that our Disputing post
GUEST-POST | Mediating eDiscovery Disputes – Allison Skinner’s Brilliant Idea
By Victoria VanBuren - October 29, 2009
By Peter S. Vogel Allison O. Skinner is an attorney and full-time mediator at Sirote & Permutt and has written two outstanding articles about resolving eDiscovery disputes as a Mediator to develop a “Mediated Discovery Plan.” What a great way to help parties take advantage of the mediation process to reduce the out of control costs of eDiscovery and at the same time reach an amicable plan to deal with eDiscovery. Allison has setup a great mod
Page Perry: Arbitration or Class Action – Which is Better for Investors?
By Victoria VanBuren - October 28, 2009
Page Perry’s Investment Fraud Lawyer Blog featured last week an interesting and thoughtful post about securities arbitration. A federal judge in Atlanta recently dismissed a class action lawsuit brought against SunTrust for fraud in the sale of auction rate securities. The case was not dismissed on the merits of investors’ claims against SunTrust, but based on technical legal requirements about what it takes to plead a claim. Those requirem
E-Discovery and the Enron E-mail Dataset Research
By Victoria VanBuren - October 27, 2009
Last week I had the honor to guest-post at Peter Vogel‘s impressive Internet, Information Technology, & e-Discovery Blog. As some readers may know, Mr. Vogel is a frequent guest-blogger here at Disputing. Check out my guest blog! E-Discovery and the Enron E-mail Dataset Research By Victoria VanBuren, October 21, 2009. The U.S. Supreme Court granting of certiorari to former Enron CEO Jeffrey Skilling dominated the news headlines last wee
ADR Prof: Arbitration and Mediation Bankruptcy Series
By Victoria VanBuren - October 26, 2009
The ADR Prof Blog had recently an interesting series of posts about ADR and Bankruptcy. The posts relate to a conference hosted by the Hugh L. Carey Center for Dispute Resolution at St. John’s University School of Law titled “ADR Meets Bankruptcy: Cross-Purposes or Cross-Pollination.” Good stuff…Check them out: ADR Meets Bankruptcy -Part 1 (Oct. 9, 2009) ADR Meets Bankruptcy, Part 2 – Designing Dispute Systems (Oct. 13, 2009) AD
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