Karl Bayer's Disputing Blog

U.S. Arbitration and Mediation Legislative Update | June 2011

By Victoria VanBuren - June 13, 2011

The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Arbitration Fairness Act of 2011. Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbit

U.S. Congress Introduces the Arbitration Fairness Act of 2011

By Victoria VanBuren - May 16, 2011

As discussed last week, the 112th Congress is now contemplating the Arbitration Fairness Act of 2011. The Senate version was introduced by Sen. Al Franken on May 12, 2011 with 12 co-sponsors. Similarly, Rep. Johnson, Henry C. “Hank,” Jr. introduced the House version with 62 co-sponsors. The Arbitration Fairness Act of 2011 would ban mandatory pre-dispute arbitration clauses in employment, consumer, and civil rights cases. Senate versi

Senator Al Franken Announces Plan to Reintroduce the Arbitration Fairness Act

By Victoria VanBuren - May 9, 2011

In response to the U.S. Supreme Court decision in AT&T, Mobility, LLC v. Concepcion, Senator Al Franken announced his plan to reintroduce the Arbitration Fairness Act . The Act would ban mandatory arbitration clauses in employment, consumer, and civil rights cases. “This ruling is another example of the Supreme Court favoring corporations over consumers,” said Sen. Franken. “The Arbitration Fairness Act would help rectify th

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

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