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Healthcare Disputes
Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States
By Beth Graham - April 12, 2016
Daria Kim, Max Planck Institute for Intellectual Property and Competition Law Research Fellow (2012-2013) and the Chinese University of Hong Kong, Faculty of Law Research Associate (2013-2014), has published “Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States,” John Marshall Review of Intellectual Property Law, Vol. 15 (2), 2016.
Conflict Resolution in the Clinical Setting: A Story Beyond Bioethics Mediation
By Beth Graham - March 10, 2016
E. H. Morreim, J.D., Ph.D., has published a timely article entitled, “Conflict Resolution in the Clinical Setting: A Story Beyond Bioethics Mediation,” Journal of Law, Medicine and Ethics, Vol. 43, No. 4, 2015.
San Antonio COA Holds Firefighter is Collaterally Estopped From Challenging Arbitration in Health Benefits Dispute
By Beth Graham - May 7, 2015
Texas’s Fourth District Court of Appeals in San Antonio has ruled that a firefighter was collaterally estopped from challenging arbitration in a dispute over his medical benefits.
Texas Legislature Considers Measure that Would Require Out-of-Network Emergency Room Providers to Arbitrate Payment Claims
By Beth Graham - March 20, 2015
A bill seeking to establish an arbitration process designed to protect patients who are treated by an out-of-network provider during an emergency room visit from being hit with hefty medical charges is currently before the Texas Legislature.
Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation
By Beth Graham - February 19, 2015
A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation.
Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case
By Beth Graham - October 15, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”).
U.S. Supreme Court Refuses to Consider Whether Arbitration Agreement Precludes Wrongful Death Case Against Nursing Home
By Beth Graham - July 7, 2014
The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home.
In-House Conflict Resolution Processes: Health Lawyers as Problem-Solvers
By Beth Graham - July 1, 2014
Professor E. H. Morreim, University of Tennessee Health Science Center- College of Medicine, Department of Internal Medicine, has published a timely article entitled, In-House Conflict Resolution Processes: Health Lawyers as Problem-Solvers, The Health Lawyer 2014; 25(3): 10-14.
U.S. Supreme Court Asked to Consider Scope of Nursing Home Arbitration Agreements
By Beth Graham - June 10, 2014
The United States Supreme Court was recently asked to consider whether an arbitration agreement precludes a wrongful death claim in a nursing home dispute.
Fifth Circuit Holds Issue of Arbitrability Must be Decided by an Arbitrator in Pharmacy Dispute
By Beth Graham - April 10, 2014
The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration.
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