Federal Cases
Ninth Circuit Holds That Court, Not Arbitrator, Must Decide Existence of Underlying Contract
Sanford v. MemberWorks, Inc., No. 05-55175, 2007 WL 1112676 (9th Cir. Apr. 16, 2007)
4/16/2007
In vacating both an order compelling arbitration and a subsequent order confirming the award, the Ninth Circuit Court of Appeals held that the trial court erred in ordering arbitration because the party opposing arbitration was challenging the "existence" rather than the "validity" of the underlying contract.
In Sanford v. MemberWorks, Inc., No. 05-55175, 2007 WL 1112676 (9th Cir. Apr. 16, 2007), Sanford bought a set of fitness tapes over the telephone. During the phone call, the call center representative allegedly read a script offering Sanford a trial membership in a MemberWorks program and advising her that a membership kit would be sent by mail... Full Story
Broadly-Worded Arbitration Agreement Trumps Choice-of-Law Provision
Hudson v. ConAgra Poultry Co., No. 06-2596, 2007 WL 984106 (8th Cir. Apr. 04, 2007)
4/4/2007
The Eighth Circuit Court of Appeals has held that an Arkansas choice-of-law provision within a contract does not mean that the Arkansas Uniform Arbitration Act (AUAA) and its prohibition on tort arbitration should apply when the contract also contains a broadly worded arbitration agreement and involves interstate commerce.
In Hudson v. ConAgra Poultry Co., No. 06-2596, 2007 WL 984106 (8th Cir. Apr. 04, 2007), David and Donna Hudson ("the Hudsons") and ConAgra had a contract by which the Hudsons raised chickens for ConAgra. The Hudsons pursued arbitration against ConAgra after a dispute arose between the parties. Subsequent to an arbitration award, the Hudsons brought a tort claim against ConAgra in state court. The district court compelled arbitration of these claims and the arbitration panel found that the tort claims were barred by res judicata. The Hudsons moved to vacate or modify the arbitration award and the district court denied their motion. The Hudsons appealed... Full Story
Federal Court in Arizona Compels Arbitration of Legal Malpractice Claims
MCA Financial Group, LTD v. Gardere Wynne Sewell, L.L.P., No. 05-2562-PHX-MHM, 2007 WL 951959 (D. Ariz. Mar. 27, 2007)
3/27/2007
A federal court in Arizona ruled that a broadly worded arbitration agreement in a legal representation letter applied to all malpractice claims brought by the client against its counsel.
In MCA Financial Group, LTD v. Gardere Wynne Sewell, L.L.P., No. 05-2562-PHX-MHM, 2007 WL 951959 (D. Ariz. Mar. 27, 2007), MCA acted as trustee for debtor Fourthstage Technologies (Fourthstage) in a bankruptcy proceeding. Fourthstage accused its legal counsel, Gardere Wynne Sewell (Gardere), of various forms of malpractice... Full Story
Federal Court in Indiana Confirms Arbitrator's Decision for California Venue
Conestoga Title Insurance Co. v. Acoustic Home Loans, LLC, No. 1:06-cv-1636-RLY-WTL, 2007 WL 1058228 (S.D. Ind. April 05, 2007)
4/5/2007
In upholding an arbitrator's decision to hear a dispute in California, a Federal District Court in Indiana noted that lacking fraud or manifest disregard of the law, an examination of the logic of an arbitrator's decision was beyond the scope of judicial review.
In Conestoga Title Insurance Co. v. Acoustic Home Loans, LLC, No. 1:06-cv-1636-RLY-WTL, 2007 WL 1058228 (S.D. Ind. April 05, 2007), Conestoga had sold title insurance to Acoustic. After an Acoustic claim went unsettled for more than a year, Acoustic filed for arbitration, and requested a California venue... Full Story
Application of McDonnell Factors Not Manifest Disregard of Law When Employee Fails to Present Direct Evidence of Discrimination
Sierra v. Bally Total Fitness Corp., No. 1:06-CV-01688-ENV-MDG, 2007 WL 1028937 (E.D. N.Y. Mar. 30, 2007)
3/30/2007
A federal court in New York held that an arbitrator did not manifestly disregard the law in applying the McDonnell four-factor test to an employment discrimination case when the employee failed to present direct evidence of discrimination.
In Sierra v. Bally Total Fitness Corp., No. 1:06-CV-01688-ENV-MDG, 2007 WL 1028937 (E.D. N.Y. Mar. 30, 2007), Sierra brought employment discrimination claims against Bally. The claims were submitted to arbitration, and the arbitrator issued an award in Bally's favor... Full Story
Party's Attempt to Disguise Petition to Vacate As Petition to Confirm Fails
Stedman v. Great American Insurance Co., No. 4:06-cv-101, 2007 WL 1040367 (D. N.D. April 3, 2007)
4/3/2007
A party cannot avoid the FAA's statute of limitations for petitions to vacate an arbitration award by renaming the petition as one to partially confirm an award and arguing that the court is barred from enforcing certain portions of the award, a federal court in North Dakota held.
In Stedman v. Great American Insurance Co., No. 4:06-cv-101, 2007 WL 1040367 (D. N.D. April 3, 2007), Stedman purchased crop insurance from Great American. When Stedman suffered losses as a result of weather, he filed a claim under this policy with Great American... Full Story
Court Permits Use of Some Litigation Discovery in Arbitration Proceeding
Jean v. Stanley Works, No. 1:04CV1904, 2007 WL 1039126 (N.D. Ohio Apr. 2, 2007)
4/2/2007
A federal court in Ohio held that while a party certainly does not have carte blanche privilege to use any discovery obtained through litigation for arbitration proceedings, certain discovery might be permitted in arbitration within the scope of the arbitral forum's rules.
In Jean v. Stanley Works, No. 1:04CV1904, 2007 WL 1039126 (N.D. Ohio Apr. 2, 2007), Jean argued that he should be permitted to use any discovery generated through litigation against Stanley Works in a parallel arbitration proceeding. Stanley Works, on the other hand, argued that the use of litigation materials would circumvent the arbitration provider's rules, particularly those governing the exchange of information... Full Story
State Cases
Connecticut Supreme Court Upholds AAA Arbitration Award Despite Vacancy on Arbitration Panel
C.R. Klewin Northeast, LLC v. City of Bridgeport, No. 17590, 2007 WL 1051758 (Conn. Apr. 17, 2007)
4/17/2007
In upholding an arbitration award in excess of $6 million, the Connecticut Supreme Court held that a vacancy on the arbitration panel did not preclude the arbitration from continuing because the applicable arbitration rules allowed the remaining members of the panel to determine whether the arbitration should continue.
In C.R. Klewin Northeast, LLC v. City of Bridgeport, No. 17590, 2007 WL 1051758 (Conn. Apr. 17, 2007), C.R. Klewin Northeast (Klewin) and the City of Bridgeport (the City) entered into a public works contract whereby Klewin would oversee the construction of a sports arena... Full Story
California Appeals Court Finds Broad Protection of Confidentiality, Affirms Judgment Against Party Using Privileged Mediation Information
Alkop Agriservices, Inc. v. Giampaoli, No. C051609, 2007 WL 1068150 (Cal. Ct. App. April 10, 2007)
4/10/2007
Noting that "confidentiality is essential to effective mediation," the California Court of Appeal has affirmed a judgment against a former property owner whose claims relied upon a potential settlement agreement developed during court-ordered mediation.
In Alkop Agriservices, Inc. v. Giampaoli, No. C051609, 2007 WL 1068150 (Cal. Ct. App. April 10, 2007), Alkop Agriservices, Inc (AAI) lost title to a valuable tract of land that AAI had put up as collateral for a loan. Because of an allegedly unlawful trustee's sale, the property was acquired by Gaimpaoli for approximately 4% of its fair market value... Full Story
Court Enforces Arbitration Agreement, Finding Meaningful Choice and No Surprise
Watts v. Pacific Window Products, Inc., No. B191162, 2007 WL 987872 (Cal. Ct. App. Apr. 04, 2007)
4/4/2007
A California appellate court rejected an unconscionability challenge to an arbitration agreement finding that there was no lack of meaningful choice shown; no surprise when the arbitration agreement was included three times within the contract and initialed; and the remedies sought would not have been available regardless of which rules were applied.
In Watts v. Pacific Window Products, Inc., No. B191162, 2007 WL 987872 (Cal. Ct. App. Apr. 04, 2007), George and Dorothy Watts (the Watts), entered into a contract with Pacific to build an additional room onto their home. After problems arose, the Watts brought suit against Pacific and Pacific moved to compel arbitration... Full Story
Colorado Court Compels Arbitration of Tort Claims Sufficiently Related to Contract Containing Arbitration Clause
Winter Park Real Estate & Investments, Inc. v. Anderson, No. 05CA2773y, 2007 WL 1017611 (Colo. Ct. App. April 5, 2007)
4/5/2007
When interference with contract and defamation claims brought by a company against an independent contractor are sufficiently related to a contract containing an arbitration clause, the tort claims should be arbitrated, a Colorado appellate court held.
In Winter Park Real Estate & Investments, Inc. v. Anderson, No. 05CA2773y, 2007 WL 1017611 (Colo. Ct. App. April 5, 2007), Winter Park brought contract and tort claims against Anderson, an independent contractor working for Winter Park. In addition, Ray, the president of Winter Park, brought defamation claims against Anderson... Full Story
Connecticut State Court Vacates Award Where Arbitrator Missed Statutory Deadline
Remax Right Choice v. Aryeh, 100 Conn. App. 373 (Conn. App. Ct. Apr. 10, 2007)
4/10/2007
A Connecticut appellate court held that an arbitrator lost personal jurisdiction over the parties when he missed a statutory deadline for issuing an award; therefore, the award held "no legal effect" and should be vacated.
In Remax Right Choice v. Aryeh, 100 Conn. App. 373 (Conn. App. Ct. Apr. 10, 2007) Remax Right Choice (Remax) accused Aryeh of non-payment of commission from a real estate deal. Though the arbitrator eventually awarded Remax nearly $130,000, the award was issued three months after a Connecticut statutory deadline for issuing awards had expired... Full Story
Florida Court Upholds Arbitration Award in Favor of Shareholder Even Though Corporate Entity Was the Real Party in Interest
Regalado v. Cabezas, Nos. 3D06-1569, 3D06-1160, 2007 WL 1062974 (Fla. Dist. Ct. App. Apr. 11, 2007)
4/11/2007
The Florida District Court of Appeal upheld an arbitration award in favor of an individual shareholder who brought a derivative action against the corporation, thus rejecting the argument that the arbitrator exceeded his powers by awarding relief to the shareholder rather than the corporation.
In Regalado v. Cabezas, Nos. 3D06-1569, 3D06-1160, 2007 WL 1062974 (Fla. Dist. Ct. App. Apr. 11, 2007), Cabezas, a shareholder in CareMed (a healthcare management firm), filed two lawsuits against fellow shareholder and CareMed Director Regalado: a "Distribution Case," seeking a declaration and distribution of profits, and a shareholders' "Derivative Case," alleging improper diversion and distribution of funds... Full Story
Applying Federal Fazio Test, Ohio Court Finds Tort Claims Against Home Manufacturer Beyond Scope of Agreement to Arbitrate
Northland Insurance Co. v. Palm Harbor Homes, Inc., No. CA2006-07-021, 2007 WL 1041424 (Ohio Ct. App. April 09, 2007)
4/9/2007
An Ohio appellate court refused to compel arbitration in a dispute where a party's claims could be maintained without reference to the contract, even though the contract contained a broadly worded arbitration agreement.
In Northland Insurance Co. v. Palm Harbor Homes, Inc., No. CA2006-07-021, 2007 WL 1041424 (Ohio Ct. App. April 09, 2007), Northland Insurance Co. (Northland) provided surety for Ripley Home Place (Ripley). Ripley brought tort actions against home manufacturer Palm Harbor Homes (PHH) after a manufacturing defect allegedly caused a PHH home to be damaged in a fire... Full Story
Texas Court Refuses to Find Waiver When Party Opposing Arbitration Invoked Judicial Process
Matthews v. USA Employment, L.L.C., Nos. 01-06-01016-CV, 01-07-00001-CV, 2007 WL 926566 (Tex. App. Mar. 29, 2007)
3/29/2007
A state court in Texas held that a party did not waive its right to arbitrate when the opposing party actually invoked the judicial process by bringing a motion for summary judgment.
In Matthews v. USA Employment, L.L.C., Nos. 01-06-01016-CV, 01-07-00001-CV, 2007 WL 926566 (Tex. App. Mar. 29, 2007), the plaintiffs, thirteen teachers from India, signed contracts with USA Employment (USAE), which agreed to find teaching jobs in the United States for the plaintiffs... Full Story
Proceeding with Arbitration Constitutes Waiver of Objection
Robinson v. West, No. 11-03-00028-CV, 2007 WL 926956 (Tex. App. Mar. 29, 2007)
3/29/2007
An appellate court in Texas held that a party waived his right of objection to noncompliance with American Arbitration Association (AAA) rules by proceeding with the arbitration.
In Robinson v. West, No. 11-03-00028-CV, 2007 WL 926956 (Tex. App. Mar. 29, 2007), Malcolm Robinson was a partner in the law firm Robinson, West, and Gooden, P.C. Robinson filed suit against West and Gooden for various claims and sought dissolution of the law firm. The parties agreed to submit the dispute to arbitration... Full Story
ADR Legislation & Regulation
LEGISLATION
AZ H 2474
AUTHOR: Pearce [R]
TITLE: Peace Officer Wages And Benefits
INTRODUCED: 01/11/2007
ENACTED: 04/24/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
Makes minor technical adjustments to existing law allowing justice of peace to order arbitration.
AZ H 2750
AUTHOR: Pearce [R]
TITLE: Justice Courts
INTRODUCED: 02/06/2007
ENACTED: 04/24/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
The justice of the peace may require arbitration or other dispute resolution methods that are approved by the Supreme Court in all civil actions, except forcible entry or detainer actions. While the arbitration portion of the bill is not new, the jurisdictional limit of the court has been raised to $10,000.
AZ S 1438
AUTHOR: McCune Davis [D]
TITLE: Home Loans
INTRODUCED: 01/25/2007
DISPOSITION: Pending
LOCATION: Senate Financial Institutions, Insurance and Retirement Committee
Commentary:
This bill would ban mandatory arbitrations in high cost home loans if the arbitration agreement requires: 1) a borrower to pay for any part of the costs of the arbitration; 2) requires the borrower to arbitrate outside of his/her home county; or 3) provides for a class action waiver.
CA A 69
AUTHOR: Lieu [D]
TITLE: Debt Management and Settlement: Counselors
INTRODUCED: 12/04/2006
LAST AMEND: 04/23/2007
DISPOSITION: Pending
LOCATION: Assembly Banking and Finance Committee
Commentary:
Enacts the Uniform Debt Settlement Services Act, the Debt Management Act, and the Credit Counselors Law to provide for the licensure and regulation of providers of debt settlement and debt management services. Relating to arbitration, the bill states: "Except as permitted by the California Arbitration Act (Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure), [the agreement shall not] contain a provision that modifies or limits otherwise available forums or procedural rights, including the right to trial by jury, that are generally available to the individual under law other than as provided in this division." The bill would also forbid agreements from containing a choice of law provision other than California or applicable federal law.
CO H 1249
SPONSOR: Primavera [D]
TITLE: Movers of Household Goods
INTRODUCED: 02/01/2007
LAST AMEND: 04/24/2007
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
Creates a binding arbitration process for the resolution of disputes between a customer (shipper) and a mover. Makes the use of binding arbitration optional for the shipper. If the shipper chooses binding arbitration, requires the mover to participate in the process in good faith and to abide by the terms of the arbitrator's award. Applies to moving and accessorial services provided on or after July 1, 2007.
CO S 216
SPONSOR: Veiga [D]
TITLE: Mortgage Loan Fraud Acts Practices
INTRODUCED: 03/06/2007
LAST AMEND: 04/24/2007
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The 4/24/07 amended version of this bill removes a previous provision that would have declared arbitration clauses requiring the consumer to pay the creditor's attorney fees, or unconscionable liquidated damages clause included in residential mortgage loan contract as "unconscionable."
GA H 369
AUTHOR: Rice [R]
TITLE: Legitimation of Child
INTRODUCED: 02/10/2007
LAST AMEND: 04/20/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
The bill makes it expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan.
IL H 1478
SPONSOR: Burke [D]
TITLE: Predatory Home Loan Practices Act
INTRODUCED: 02/21/2007
DISPOSITION: Pending
LOCATION: House Second Reading
Commentary:
Creates the Predatory Home Loan Practices Act. Prohibits various practices and charges in connection with home loans made to persons with respect to their primary residence. A House amendment to the bill has eliminated the provision that provides: "No high cost loan may be subject to a mandatory arbitration clause that limits in any way the right of the borrower to seek relief through the judicial process."
KS S 333
AUTHOR: Commerce Cmt
TITLE: Fairness in Public Building Construction Act
INTRODUCED: 02/07/2007
ENACTED: 04/20/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
Creates the Fairness in Public Building Construction Act, amending and repealing previous act. Court or arbitrator should award costs and reasonable attorney fees to prevailing party; sets venue in the county where real property is located, hearing location where real property is located, and requires application of Kansas law.
LA H 442
AUTHOR: Cazayoux [D]
TITLE: Public Records
PREFILED: 04/18/2007
DISPOSITION: Pending
LOCATION: House and Governmental Affairs Committee
Commentary:
Amends an existing act, relating "to public records; to authorize the attorney general to mediate public records disputes; to provide for such mediation and the effect of such a mediation; to require participation by public bodies and officers in such a mediation; to provide for the promulgation of certain rules and procedures; and to provide for related matters."
LA H 650
AUTHOR: Heaton [D]
TITLE: Civil Procedure
PREFILED: 04/20/2007
DISPOSITION: Pending
LOCATION: House Civil Law and Procedure Committee
Commentary:
Amends law which provides that on the motion of any party the court may refer a civil case for mediation to include authority for a court ON ITS OWN MOTION to refer a case for mediation.
LA S 256
AUTHOR: Hollis [R]
TITLE: Motor Vehicles
PREFILED: 04/20/2007
DISPOSITION: Pending
LOCATION: Senate Commerce, Consumer Protection and International Affairs Committee
Commentary:
Proposed law makes void and unenforceable any litigation or arbitration clause contained in a motor vehicle credit transaction which would remove the transaction outside of Louisiana (VENUE limitation law).
MT H 467
AUTHOR: Peterson K [R]
TITLE: Medical Legal Panel Laws
INTRODUCED: 01/26/2007
LAST AMEND: 03/28/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
Revising Montana Medical Legal Panel Act. Section 2. Section 27 6 105 provides for the panel's reviewability of all malpractice claims except: "those claims subject to a valid arbitration agreement allowed by law or upon which suit has been filed prior to April 19, 1977."
MT S 74
AUTHOR: Jent [D]
TITLE: Title Loan Act
PREFILED: 12/11/2006
INTRODUCED: 01/03/2007
LAST AMEND: 04/19/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Bill states that a title loan arbitration clause may not be oppressive or unconscionable—a mandatory arbitration clause complying with American Arbitration Association rules will be presumptively valid.
MT S 165
AUTHOR: Brueggeman [R]
TITLE: Deferred Deposit Loan Act
PREFILED: 12/22/2006
INTRODUCED: 01/03/2007
LAST AMEND: 03/28/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
In deferred deposit loans, prohibits unconscionable mandatory arbitration clauses, but presumes that those complying with American Arbitration Association rules are valid.
NC H 1604
AUTHOR: Hilton [R]
TITLE: Civil Justice Improvement Act
PREFILED: 04/18/2007
INTRODUCED: 04/19/2007
DISPOSITION: Pending
LOCATION: House Judiciary I Committee
Commentary:
Medical malpractice insurance rate control... limits attorney fees (percentages, etc) for BOTH litigation and arbitration awards.
NC H 1671
AUTHOR: England [D]
TITLE: Negligent Health Care Actions
PREFILED: 04/18/2007
INTRODUCED: 04/19/2007
DISPOSITION: Pending
LOCATION: House Health Committee
Commentary:
Amending an act to provide for arbitration of wrongful death and personal injury claims. The amendments would make any preexisting agreement to arbitrate void, and only allow for post-dispute agreements to arbitrate. The bill also attempts to make the Revised Uniform Arbitration Act inapplicable to this article.
ND H 1321
AUTHOR: Wrangham [R]
TITLE: Zoning
INTRODUCED: 01/08/2007
LAST AMEND: 04/20/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Enacting and reenacting sections 40 47 01.1, 40 47 06, and 40 48 03 of the North Dakota Century Code, relating to extraterritorial zoning jurisdiction of cities. Disputes must be submitted to mediation.
NY A 7595
SPONSOR: Cook [D]
TITLE: No Fault Insurance System
INTRODUCED: 04/20/2007
DISPOSITION: Pending
LOCATION: Assembly Insurance Committee
Commentary:
Provides that with respect to a serious personal injury action still permissible under the no fault insurance system, the award or decision of an arbitrator or master arbitrator rendered in a no fault arbitration will not constitute a collateral estoppel of the issues arbitrated.
OR H 3536
AUTHOR: Richardson [R]
TITLE: Human Rights
INTRODUCED: 04/11/2007
DISPOSITION: Pending
LOCATION: House Elections, Ethics, and Rules Committee
Commentary:
"Reciprocal beneficiary agreements" for couples not allowed to marry... Extends certain legal rights and obligations to reciprocal beneficiaries, including arbitration of disputes over dissolving the RBA.
TX HCR 198
AUTHOR: Swinford [R]
TITLE: Authority Built Home Inspection Plan
INTRODUCED: 04/18/2007
DISPOSITION: Pending
LOCATION: House State Affairs Committee
Commentary:
An act providing for mediation between home builders and residential owners.
US S 1133
SPONSOR: Akaka [D]
TITLE: Earned Income Tax Credit Recipients
INTRODUCED: 04/17/2007
DISPOSITION: Pending
LOCATION: Senate Finance Committee
Commentary:
A bill to provide additional protection to recipients of the earned income tax credit entitled the "Taxpayer Abuse Prevention Act." States in relevant part, "In General Any person that provides a loan to a taxpayer that is linked to or in anticipation of a Federal tax refund for the taxpayer may not include mandatory arbitration of disputes as a condition for providing such a loan."
US S 1135
SPONSOR: Sessions [R]
TITLE: Arbitration Clauses in Contracts
INTRODUCED: 04/17/2007
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary:
Contains several provisions to limit arbitration, including: providing that the choice of law shall be governed by the same substantive law that would apply under conflict of laws principles applicable in a court of the State in which the party that is not drafter of the contract resided at the time the contract was entered into; requiring an arbitrator to provide each party with a written explanation of the factual and legal basis for the decision; allowing each party the right to opt out of binding arbitration and to proceed in any small claims court with jurisdiction over the claim (provided the jurisdictional amount is less than $50,000); and forbidding a party from amending the claim to avoid the small claims exemption.
WA H 1461
COMPANION: WA S 5477
AUTHOR: Morrell [D]
TITLE: Manufactured and Mobile Home Community Registration
INTRODUCED: 01/19/2007
LAST AMEND: 03/31/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
The bill would require the Attorney General to create and administer a dispute resolution program for manufacture and mobile home disputes.
WA H 2135
COMPANION: WA S 5968
AUTHOR: Wood [D]
TITLE: Lemon Law Coverage
INTRODUCED: 02/09/2007
LAST AMEND: 04/09/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Expands lemon law coverage to out of state consumers, including arbitration board.
WA S 5050
AUTHOR: Weinstein [D]
TITLE: Motor Vehicle Lemon Law
INTRODUCED: 01/09/2007
LAST AMEND: 04/09/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
Dealers may not be made parties to arbitration board proceedings under state motor vehicle lemon law.
WA S 5717
COMPANION: WA H 1532
AUTHOR: Berkey [D]
TITLE: Market Conduct Oversight Program
INTRODUCED: 01/29/2007
LAST AMEND: 03/07/2007
ENACTED: 04/18/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 2007 82
Commentary:
Establishes a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination fees.
WA S 5910
AUTHOR: Brandland [R]
TITLE: Medical Malpractice Claim
INTRODUCED: 02/06/2007
LAST AMEND: 03/13/2007
ENACTED: 04/18/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 2007 119
Commentary:
Modifies the notice requirement of intent to file a medical malpractice claim; modifies mandatory mediation requirements through the superior court.
WA S 6059
COMPANION: WA H 2269
AUTHOR: Carrell [R]
TITLE: Service of Process Costs
INTRODUCED: 02/16/2007
ENACTED: 04/18/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 2007 121
Commentary:
An act to allow attorneys to recover the cost of service of process. Costs of service in mandatory arbitration included.
REGULATION
No new regulations.
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