Myriam E Gilles, Professor of Law at the Benjamin N Cardozo School of Law has authored an interesting article entitled “Operation Arbitration: Privatizing Medical Malpractice Claims, Theoretical Inquiries in Law.” In her paper, Professor Gilles examines the potential effect that the use of binding arbitration may have on medical malpractice claims in the future.

Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with American Arbitration Association (“AAA”) rules. The court granted CPC’s motion and compelled the dispute to arbitration but required the parties to engage in arbitration with only one court-appointed arbitrator instead of before a panel of three arbitrators.

A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require the General Counsel to prove that it does not.

Earlier this week, Minnesota Senator Al Franken reintroduced legislation aimed at removing forced arbitration clauses from antitrust, consumer, and employment contracts. Amends the FAA by adding a new chapter invalidating agreements that require the arbitration of employment, consumer, civil rights, or antitrust disputes made before the dispute arises.