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

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

82nd Texas Legislature Convenes

By Beth Graham - January 13, 2011

The 82nd Texas Legislature convened on Tuesday, January 11, 2011. Prefiling of bills before the Legislature began on November 8, 2010. According to the State Bar of Texas, a proposed new Chapter 161 of the Civil Practice and Remedies Code is in the works. The Uniform Collaborative Law Act, “Relating to the resolution of certain disputes by collaborative law procedures,” has not yet been assigned a bill number. A copy of the Uniform Co

U.S. Arbitration and Mediation Legislative Update

By Victoria VanBuren - August 9, 2010

The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: The Agricultural Credit Act of 2009 would reauthorize state agricultural mediation progr

Wall Street Reform Signed Into Law: Arbitration Provisions

By Victoria VanBuren - July 29, 2010

As readers may already know, last week, President Barack Obama signed into law the Restoring American Financial Stability Act of 2010 (a.k.a. the “Dodd-Frank Wall Street Reform and Consumer Protection Act”). The act, among other things, would give the SEC the power to ban or limit mandatory arbitration in certain agreements. House Versions: H.R. 4173 and Status; Senate Versions: S.3217 and Status. The final version is here. Following are some pro

U.S. Arbitration and Mediation Legislative Update

By Victoria VanBuren - July 5, 2010

The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year En

Financial Reform Bill Moves into House-Senate Committee: Limits on Predispute Arbitration Clauses

By Victoria VanBuren - June 14, 2010

In addition to the bills discussed in our recent post, the U.S. Congress is considering a major financial reform legislation. The Restoring American Financial Stability Act of 2010. As it relates to ADR, this legislation would give the SEC the power to ban or limit mandatory arbitration in certain agreements. House Versions: H.R. 4173 and Status; Senate Versions: S.3217 and Status. The most recent version of H.R. 4173 states, SEC. 921. AUTHORITY

U.S. Arbitration and Mediation Legislative Update

By Victoria VanBuren - June 9, 2010

The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year En

U.S. Arbitration and Mediation Legislative Update

By Victoria VanBuren - April 8, 2010

The following bills relating to alternative dispute resolution were introduced by the 111st Congress. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30, 2010, and for Other Purposes” contains an amen