Karl Bayer's Disputing Blog

Texas ADR Bills

By Victoria VanBuren - March 23, 2009

Following is a list of recent bills related to Alternative Dispute Resolution filed during the 81st Texas Legislature. H.B. 2256. Relating to mediation of out-of-network health benefit claim disputes concerning enrollees, facility-based physicians, and certain health benefit plans; imposing an administrative penalty. The bills history is here. H.B. 2095. Filed by Rep. Farrar, relating to the regulation of claims against residential home builders.

Texas S.B. 1650

By Victoria VanBuren - March 16, 2009

A new bill related to arbitration was filed last week by the 81st Texas Legislature. S.B. 1650, authored by Senator Duncan (R-Lubbock), would grant Texas appellate courts jurisdiction over certain interlocutory appeals arising under the FAA. Status: Filed on 03/10/2009. Technorati Tags: arbitration, ADR, law, Texas S.B. 1650, FAA

Texas S.B. 556 and H.B. 1635

By Victoria VanBuren - March 6, 2009

Another beautiful week in Austin, Texas. We thought you would be interested to know that the following bills have been introduced recently by the 81st Texas Legislature: S.B. 556. To amend the Insurance Code, by, among other things, adding a clause to provide for binding arbitration agreements within the context of health care contracts with physicians and health care providers. Status: Referred to the Senate Committee on State Affairs on 02/23/2

Texas H.B. 1083: Status

By Victoria VanBuren - February 26, 2009

In addition to S.B. 222 discussed here, the 81st Texas Legislature is considering H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16).” Status: Referred to the Committee on Judiciary & Civil Jurisprudence on 02/24/2009.

Federal Legislation on Arbitration

By Victoria VanBuren - February 24, 2009

The following bills are currently being floated around the U.S. House: H.R. 991. To treat arbitration clauses which are unilaterally imposed on consumers as an unfair and deceptive trade practice and prohibit their use in consumer transactions. Status: Referred to the House Committee on Financial Services on 02/11/2009. H.R. 1020. To amend Chapter 1 of title 9 of the U.S. Code with respect to arbitration. This is the “Arbitration Fairness A

Texas S.B. 222: Status

By Victoria VanBuren - February 20, 2009

As we discussed here, the 81st Texas Legislature is considering an amendment to the Texas Arbitration Act. Senate Bill 222, authored by Senator Royce West, was filed on November 10, 2008 and was referred to the Committee on Jurisprudence on February 11, 2009. Should you have any comments about S.B. 222, please feel free to contact us.

Texas Supreme Court: Nonsignatories Wrongful Death Beneficiaries Must Arbitrate

By Victoria VanBuren - February 13, 2009

Today, the Texas Supreme Court handed down In re: Labatt Food Service, L.P., __ S.W.3d _ Texas (2009) (Cause No. 07-0419). The opinion resolves the issue of whether nonsignatories to an arbitration agreement should be compelled to arbitrate claims when the decedent’s claims would have to be arbitrated. On a related note, S.B. 222 is currently being considered by the Texas Legislature. The bill deals, in part, with the extension of the Texas

Legislature Considering Limitations on Consumer Arbitration

By Rob Hargrove - March 20, 2007

We recently blogged with Rick Freeman about the important distinctions between consumer (“take it or leave it”) arbitration agreements and agreements to arbitrate between sophisticated commercial parties. We’ve just skimmed HB 3091 (link is to .pdf file), which if passed would severely restrict or outlaw the widespread use of arbitration agreements in consumer contracts in Texas. We will, of course, keep our eye on this. However

Mandatory Disclosure of Arbitration Info in Texas?

By Rob Hargrove - February 28, 2007

The ICM’s blog just reported that Texas Senator Royce West has proposed legislation that would require the disclosure of certain basic information about arbitrations taking place in Texas. It would allow for some basic tracking of numbers of disputes sent to arbitration and awards being made in consumer and employment cases, other than residential construction cases (John Fleming was quoted in the blog piece noting that the powerful constru