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2009 Year-End Highlights
2009 Year-End Highlights: Arbitration and Mediation
By Victoria VanBuren - January 20, 2010
Yesterday’s post concludes our 2009 Year-End Highlights series. If you missed some of the posts, you can find them here or by following the ‘2009 Year-End Highlights’ link on the right, under ‘Categories.’
2009 Arbitration Case Law: Fifth Circuit
By Victoria VanBuren - January 19, 2010
In 2009, the United States Court of Appeals for the Fifth Circuit decided the following arbitration-related cases: In Cont’l Airlines, Inc. v. Air Line Pilots Ass’n, No. 07-20835 (5th Cir. Jan. 13, 2009) the court concluded that the district court had no statutory authority to reverse a reinstatement order issued by the System Board of Adjustment and that its order cannot be sustained on grounds of public policy. In Agere Systems Inc. v. Samsung
2009 Disputing Featured Blog Posts at Mediate.com
By Victoria VanBuren - January 13, 2010
During 2009, Disputing became a mediate.com Featured Blog. You may find our posts here and here. Technorati Tags: ADR, law, mediation
Top 10 Most-Viewed Arbitration and Mediation Disputing Blog Posts of 2009
By Victoria VanBuren - January 1, 2010
Happy New Year from Disputing! We are pleased to share with you our 10 most popular blog posts of 2009: Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing’ by Holly Hayes (Jun. 29) Professor Alan Scott Rau Comments on In re Morgan Stanley (Jul. 15) Texas House Bill 2256 and Bad Faith Mediation in ‘Balance Billing’ by Holly Hayes (Aug. 5) Professor Alan Scott Rau Comments on Stolt-Nielsen, S.A. v. A
2009 Developments in Mediation: Mediation Confidentiality
By Victoria VanBuren - December 31, 2009
by Holly Hayes Our August post on the “bad faith” mediation section of Texas House Bill 2256 (read more about the bill here) that requires the mediator to report bad faith mediation to the insurance commissioner or the Texas Medical Board, as appropriate, prompted our attention to how other states are addressing confidentiality in mediation. Texas operates under the Alternate Dispute Resolution Procedures (Chapter 154) of the Civil Pr
2009 Arbitration and E-Discovery Guest-Blogs by Disputing
By Victoria VanBuren - December 30, 2009
During 2009, we also had the honor to guest-post on arbitration and e-discovery: “Hall Street Meets S. Maestri Place: What Standards of Review will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup?” posted on May 4, 2009 at the Loree Reinsurance and Arbitration Law Forum. (post available here) “E-Discovery and the Enron E-mail Dataset Research,” posted on October 21, 2009 at Peter Vo
2009 Arbitration and Mediation Guest-Bloggers at Disputing
By Victoria VanBuren - December 29, 2009
During 2009, we were honored to post contributions from several law professors and practitioners. Some wrote guest-posts, others submitted comments via e-mail, and yet others alerted us of important developments in the ADR area. We would like to thank our blog contributors for improving Disputing‘s legal scholarship! If you are interested in submitting materials for Disputing, please e-mail us at: victoria@karlbayer.com. Check out our 2009
2009 Developments in Mediation: President Barack Obama’s Plan for Tort Reform
By Victoria VanBuren - December 25, 2009
by Holly Hayes In September 2009, President Obama instructed the Secretary of Health and Human Services to move forward with awarding medical malpractice demonstration grants to states funded by the Agency for Healthcare Research and Quality (AHRQ) to help doctors focus on putting their patients first, not on practicing defensive medicine. (read more here and here) In October, the Congressional Budget Office (CBO) released a letter updating its a
2009 Developments in Arbitration: Manifest Disregard of the Law
By Victoria VanBuren - December 24, 2009
In addition to the grounds for vacating awards provided by the Federal Arbitration Act (FAA), courts have developed the doctrine of “manifest disregard” of the law as a common-law ground to vacate awards. An arbitral panel is said to have manifestly disregarded the law if, knowing the existence of a clear legal principle, refuse to apply it. However, in 2008, in Hall Street Associates, LLC v. Mattel, Inc., 128 S.Ct. 1396 (2008) the U.S. Supreme C
2009 Developments in Arbitration: Consumer and Employment Arbitration
By Victoria VanBuren - December 23, 2009
The year of of 2009 has seen no shortage of changes in the area of consumer and employment arbitration. I. The Arbitration Fairness Act of 2009 A general sense seems to be emerging, among some at least, that arbitration may be going too far, and a legislative movement at the federal level has emerged that promotes the so-called Arbitration Fairness Act of 2009, which, if passed, would limit the use of binding arbitration in consumer, employment,
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