Karl Bayer's Disputing Blog

Arbitration Fairness Act of 2009 – H.R. 1020 Gaining Momentum?

By Victoria VanBuren - November 11, 2009

Karl Bayer and I were discussing the latest bill tracking report for the Arbitration Fairness Act of 2009. This act would ban mandatory pre-dispute arbitration in employment, consumer, and franchise contracts. (House version: H.R. 1020 and Status; Senate version: S. 931 and Status). The House version of the bill has been very active, now with 99 co-sponsors (the list is here). Karl wonders if Senator Franken’s amendment and related press ha

Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case

By Victoria VanBuren - November 4, 2009

The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable (Senate version: S.512 and Status; House version: H.R. 1237 and Status). In Koricic v. Beverly Enters., 278 Neb. 713 (No. S-08-1167), Frank Koricic took his elderly mother, Manda Baker, to Beverly Hallmark (now operating as Beverly Enterprises), a

WSJ: “Turmoil in Arbitration Empire Upends Credit-Card Disputes”

By Victoria VanBuren - October 19, 2009

Last week’s Wall Street Journal had an interesting and well-written article about arbitration of credit card disputes, centered around the National Arbitration Forum (NAF). Hat tip to Don Philbin. Here is an excerpt: Arbitration and mediation have existed as ways to resolve disputes in the U.S. for more than 200 years. They became the standard practice in the financial world after 1987, when a Supreme Court decision gave securities firms th

Health Care Industry Leaders Respond to Senate Finance Committee Vote

By Holly Hayes - October 15, 2009

By Holly Hayes The American Hospital Association (AHA) posted this statement on their website in response to the Senate Finance Committee vote on October 13, 2009, on the health care reform bill. The Senate Finance Committee today (October 13, 2009) voted 14-9 to approve health care reform legislation that would expand health coverage to 91% of U.S. residents. The bill received one Republican vote, from Sen. Olympia Snowe (R-ME). According to the

Pending U.S. Legislation on Arbitration and Mediation: Update

By Victoria VanBuren - October 14, 2009

The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pr

Defense Contractor Mandatory Arbitration Amendment Passes Senate

By Victoria VanBuren - October 13, 2009

On October 6, the U.S. Senate by a vote of 68-30 passed an amendment to H.R. 3326 (bill; status). H.R. 3326 is entitled “An Act making appropriations for the Department of Defense for the fiscal year ending September 30, 2010, and for other purposes.” The amendment bars funds to defense contractors who require workers to arbitrate “any claim under Title VII of the Civil Rights Act of 1964 or any tort related to or arising out of

CPR Arbitration Article: Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium’

By Victoria VanBuren - October 12, 2009

Donald R. Philbin Jr., contributor to this blog, has written recently an article entitled Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium,’ 27 Alternatives to the High Cost of Litigation 145 (Oct. 2009). As its title suggests, the article discusses the salient issue of unconscionability in arbitration agreements. Here is an excerpt: Collision? Or Coexistence? The issue: The states and the Supreme Court—and now Congress

Mediation Confidentiality

By Victoria VanBuren - September 19, 2009

by Holly Hayes A recent post on the “bad faith mediation” section of Texas HB 2256 has prompted comments and discussion regarding the confidentiality of mediation. Texas mediators operate under the Civil Practice & Remedies Code, Chapter 154. Alternate Dispute Resolution Procedures. Specific sections of this code that address confidentiality are as follows: § 154.053. STANDARDS AND DUTIES OF IMPARTIAL THIRD PARTIES. (a) A person a

U.S. Congressional Hearing | “Mandatory Binding Arbitration – Is it Fair and Voluntary?”

By Victoria VanBuren - September 16, 2009

As reported by PointofLaw.com, the House Judiciary Committee Subcommittee on Commercial and Administrative Law held a hearing on September 15th, titled “Mandatory Binding Arbitration – Is it Fair and Voluntary?“ Witnesses included: Rep. Henry C. “Hank” Johnson (D-GA), sponsor of H.R. 1020 (a.k.a. “Arbitration Fairness Act”). The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration

Videos of the Congressional Hearing | Arbitration or Arbitrary?: The Misuse of Arbitration to Collect Consumer Debts

By Victoria VanBuren - September 7, 2009

As discussed in our previous posts (here, here, and here) a U.S. Congressional Hearing on consumer debt arbitration was held on July 22, 2009 in Washington D.C. We thought that you might be interesting in watching these videos. Part 1 Part 2 (please fast forward 4:40 minutes) Technorati Tags: arbitration, ADR, law, consumer arbitration