Karl Bayer's Disputing Blog

Texas Legislative Update

By Beth Graham - February 28, 2011

As many of you know, the 82nd Texas Legislature is currently in full swing. The following notable bills affecting alternative dispute resolution in Texas were filed this session: Senate Bill 218, authored by Senator Nelson and referred to the Senate Committee on Jurisprudence, relates “to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.” The bill would

GUEST-POST | Italy’s Lawyers Call for National Strike Against Mediation Law

By Beth Graham - February 25, 2011

by Michael McIlwrath A new law requiring mediation to be used in commercial cases comes into effect in Italy on March 21. It’s been heralded as a significant potential change and, you would think for a country with a famously overburdened court system, heartily welcomed as a caseload-reducing initiative. Proactive local chambers of commerce have been sponsoring initiatives to promote the introduction of mediation, and mediation providers have bee

Nevada Revises Foreclosure Mediation Program

By Beth Graham - February 22, 2011

The Nevada Supreme Court has revised the state’s Foreclosure Mediation Program (FMP) which commenced on July 1, 2009 in an effort to address Nevada’s high home foreclosure rate. The rules were updated following a written comment period and public hearing held last December. According to the Supreme Court of Nevada, the revised rules will: Expand the time to file a petition for judicial review from 15 to 30 days after a party receives a mediator’s

Collaboration Needed to Improve Health Care Delivery System

By Holly Hayes - February 18, 2011

by Holly Hayes According to an American Hospital Association (AHA) News report, Don Berwick, M.D., Administrator of the Centers for Medicare & Medicaid Services, testified on February 10, 2011, at a House Ways and Means Committee hearing on the impact the Patient Protection and Affordable Care Act (PPACA) will have on Medicare. Dr. Berwick, said: “building an improved Medicare program and health care delivery system must be a collaborat

WIPO Launches International Survey on Dispute Resolution in Technology Transactions

By Beth Graham - February 16, 2011

The World Intellectual Property Organization (WIPO) has launched an International Survey on Dispute Resolution in Technology Transactions. The survey was “developed with the support of the International Association for the Protection of Intellectual Property (AIPPI), the Association of University Technology Managers (AUTM), the Fédération Internationale des Conseils en Propriété Industrielle (FICPI) and the Licensing Executives Society Internatio

Foreclosure Mediation Legislation Referred to Senate Judiciary Committee

By Beth Graham - February 10, 2011

Sen. Sheldon Whitehouse (D – Rhode Island) has introduced legislation that would provide bankruptcy court judges with the option to require homeowners undergoing bankruptcy and their lenders to engage in foreclosure mediation. According to DS News magazine, Whitehouse’s proposal is modeled after a court program in his home state of Rhode Island. He says it would not give judges the power to slash mortgage debt like the many bankruptcy cramd

HEALTH Act Addresses Medical Liability

By Holly Hayes - February 4, 2011

by Holly Hayes After voting to repeal national health reform law on January 19th, House Republicans introduced medical liability reform legislation that would cap damage awards. The Help Efficient, Accessible, Low-cost, Timely Health Care (HEALTH) Act of 2011 “would limit noneconomic damages to $250,000, and punitive damages to the greater of $250,000 or twice the amount of economic damages. It would not preempt state laws that establish hi

SEC Approves FINRA Plan to Allow All-Public Arbitration Panels

By Beth Graham - February 2, 2011

Yesterday, the Securities and Exchange Commission (SEC) approved a Financial Industry Regulatory Authority (FINRA) plan to provide investor-claimants with an all-public arbitration panel option. According to Investment News, The approval follows a 27-month pilot program during which Finra gave certain investors the choice of eliminating the industry arbitrator on three-person panels and replace the arbitrator with a public panelist. The Dodd-Fran

Managing Conflict in Hospitals

By Holly Hayes - January 27, 2011

by Holly Hayes The Joint Commission Journal on Quality and Patient Safety published a two-part article in the February 2011 edition entitled “A Strategic Approach for Managing Conflict in Hospitals: Responding to the Joint Commission Leadership Standard.” The articles by Charity Scott and Debra Gerardi were published as Part 1 and Part 2. Part 1 begins by reviewing Conflict Management Standard LD.01.03.01 which states, “The governing

Indiana Appellate Court Holds FAA Preempts State Discovery Statute

By Beth Graham - January 21, 2011

Disputing would like to thank Paul Lurie, partner at Schiff Hardin, LLP’s Chicago office for bringing In re the Subpoena Issued to Beck’s Superior Hybrids, Inc., No. 29A05-1008-MI-489, (Ind. App. January 12, 2011) to our attention. In the case, the Court of Appeals of Indiana held that Section 7 of the Federal Arbitration Act (“FAA”) preempted an Indiana discovery statute. Here are the facts: In 2002, Monsanto Company and Monsanto Tec