An ongoing legal battle between smartphone manufacturer HTC Corporation and networking and telecommunications company Ericsson offers a case study in the waiver of arbitration rights in the patent context.

Nicole G. Iannarone, Associate Clinical Professor and Director of the Investor Advocacy Clinic at Georgia State University College of Law, has written “Finding Light in Arbitration’s Dark Shadow,” in response to Professor Benjamin P. Edwards’ recent publication titled “Arbitration’s Dark Shadow,” 18 NEV. LAW J. 427 (2018). 

The First District Court of Appeals in Houston has affirmed a Harris County district court’s order confirming an arbitration award that was issued in favor of a roofing contractor. 

In September, the Supreme Court of Utah authorized the West Valley City Justice Court to implement an online dispute resolution (“ODR”) pilot project for small claims cases. 

by Holly Hayes The American Health Lawyers Association has issued an electronic guidebook for the implementation of a new Joint Commission (TJC) Medical Staff Standard, MS.01.01.01. The timeline for implementation of the new standard is March 31, 2011. Changes to a variety of hospital rules and bylaws will be necessary in order to comply with this new standard. Here is a description of the guidebook: Authored by one of the pre-eminent experts on medical staff issues, S. Allan Adelman, Esquire and his colleagues Timothy Adelman, Esquire and Ann O’Connell, Esquire, this new publication is designed to provide you with all the interpretations, analysis, and practical advice you need to meet the requirements of this new standard. The Guide distills much of the commentary and discussion about the Standard and provides samples of bylaw provisions addressing the requirements of MS.01.01.01. In particular, the Guide contains sample bylaw text addressing the requirements of the various Elements of Performance, including: • Amendment of Bylaws • Conflict Management • General Requirements, Criteria and Qualifications for Medical Staff Membership • Medical Staff categories • Selection, Election and Removal of Medical Staff Officers • Function, Size and Composition of Medical Executive Committee • Applications for Medical Staff Membership • Role of the Credentials Committee • Automatic Suspsension or Termination of Medical Staff membership • Summary Action • Grounds for Corrective Action The guidebook may be purchased here. See Disputing‘s previous posts about the new TJC Medical Staff Standard here, here and here. We welcome discussion on implementation of the new standard. Technorati Tags: Mediation Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.

by Holly Hayes This week, a Wall Street Journal Health Blog headline stated, “Big Challenge for Mediation in Medical Malpractice: Doctor Participation.” The post discussed a study published in the Journal of Health Politics, Policy and Law which reviewed 31 cases from New York City non-profit hospitals. The study found that although mediation in a medical malpractice context has potential benefits, no physicians participated in the cases. The authors of the study said the lack of physician participation, misses some opportunities — first, to ‘repair the relationship between human beings,’ that is, the physician and the patient (or family of the patient), Carol Liebman, co-author of the study, a professor of law at Columbia Law School and director of the school’s mediation clinic, tells the Health Blog. It also misses the chance to collect information from patients, families and physicians to fill in the blanks of what actually happened, and if there was an error, to figure out how to prevent it from happening again, she says. The mediation approach used in the study holds that any information important to someone at the table, not just what is legally relevant, can be discussed. (Information disclosed during mediation is confidential.) When you don’t have the involvement of “the person who is involved in these decisions, day in and day out, you don’t get valuable information,” Liebman says. “A lawyer’s job is to defend the case, not to reshape policy.” Mediation, she says, offers the opportunity to improve patient safety in a way litigation cannot. Of the 31 cases reviewed, 16 settled at mediation, five settled after mediation and 10 were not settled. The lawyers involved stated a busy schedule prevented physicians from participating in the mediations. Liebman, however, wonders if physicians were discouraged from attending by lawyers and administrators who might be looking ahead to the possibility of a trial. What do you think? Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com. Technorati Tags: ADR, law, mediation