Federal Cases
Federal Court in Colorado Upholds Bar on Class-Wide Proceedings
Ornelas v. Sonic-Denver T, Inc., No. 06-cv-00253-PSF-MJW, 2007 WL 274738 (D. Colo. Jan. 29, 2007)
1/29/2007
In ordering arbitration of a dispute arising from the lease of a motor vehicle, a Colorado federal court upheld a bar on class-wide proceedings because the claimant's alleged damages, coupled with his claim for punitive damages and the availability of attorney fees, provided sufficient incentive for pursuing his claim on an individual basis.
In Ornelas v. Sonic-Denver T, Inc., No. 06-cv-00253-PSF-MJW, 2007 WL 274738 (D. Colo. Jan. 29, 2007), Ornelas leased a motor vehicle from Sonic-Denver. The lease agreement contained an arbitration clause that barred class-wide proceedings... Full Story
Fifth Circuit Holds That Arbitration Clause in Settlement Agreement Between Seaman and Employer Is Covered by FAA
Terrebonne v. K-Sea Transportation Corp., No. 06-30041, 2007 WL 196532 (5th Cir. Jan. 26, 2007)
1/26/2007
The Fifth Circuit Court of Appeals rejected a seaman's claim that an arbitration clause in a settlement agreement fell within the Federal Arbitration Act (FAA) exception for contracts for the employment of seamen.L
In Terrebonne v. K-Sea Transportation Corp., No. 06-30041, 2007 WL 196532 (5th Cir. Jan. 26, 2007), Terrebonne, an employee of K-Sea Transportation, developed a hernia after an incident at work. Subsequently, the parties entered into a partial settlement agreement that included an agreement to arbitrate any disputes relating to the alleged incident... Full Story
Sixth Circuit Upholds NASD Arbitration Over Manifest Disregard Challenge
Mitchell v. Ainbinder, No. 05-1497, 2007 WL 177896 (6th Cir. Jan. 24, 2007)
1/24/2007
The Sixth Circuit Court of Appeals found no "manifest disregard of the law" when a National Association of Securities Dealers (NASD) arbitration panel refused to find that a high rate of stock turnover evidenced "churning."
In Mitchell v. Ainbinder, No. 05-1497, 2007 WL 177896 (6th Cir. Jan. 24, 2007), Mitchell opened three accounts with stockbroker Ainbinder. After incurring significant losses on all three accounts, Mitchell filed a claim for NASD arbitration against Ainbinder. The NASD panel denied Mitchell's claims and issued an award in Ainbinder's favor... Full Story
Eleventh Circuit Affirms Arbitration Award Enjoining Minority Shareholder's Foreign Lawsuits
Rintin Corp., S.A. v. Domar, Ltd., No. 05-14092, 2007 WL 273557 (11th Cir. Feb. 1, 2007)
2/1/2007
The Eleventh Circuit Court of Appeals upheld an arbitration award enjoining a plaintiff from pursuing foreign lawsuits that had the effect of dissolving a corporate entity, even though the foreign defendants were not parties to the applicable arbitration agreement.
In Rintin Corp., S.A. v. Domar, Ltd., No. 05-14092, 2007 WL 273557 (11th Cir. Feb. 1, 2007), Rintin, a minority shareholder in Dominica Cement Holdings, S.A. (Dominica), filed several lawsuits in various foreign countries alleging that Domar, the majority shareholder, and several of its affiliates had engaged in wrongful conduct. Domar filed a demand for arbitration pursuant to the shareholders' agreement. The arbitrators found that Rintin's claims against Domar were subject to arbitration and that Rintin should be ordered to immediately terminate all of its foreign lawsuits, which threatened the long-term viability of Dominica... Full Story
California Court Allows Post-Arbitration Discovery into Alleged Fraudulent Billing Practices Relating to Attorney Fee Award
Thomas Kinkade Co. v. Hazlewood, No. C 06 7034 MHP, 2007 WL 217384 (N.D. Cal. Jan. 25, 2007)
1/25/2007
A federal court in California allowed a party to engage in post-arbitration discovery to gather information supporting its claim that an arbitral award of attorney fees was procured by fraud because the information sought was not discoverable at the time of the arbitration hearing.
In Thomas Kinkade Co. v. Hazlewood, No. C 06 7034 MHP, 2007 WL 217384 (N.D. Cal. Jan. 25, 2007), an arbitration panel issued an award in Hazlewood's favor. The award included $900,000 in attorney fees, which Thomas Kinkade Co. challenged as procured by fraud... Full Story
Broad Arbitration Clause Requires Arbitration of Dispute over a Separate, Yet Incorporated, Agreement
NRP Group, Inc. v. Hydropress, LLC, No. 06-60593-CIV-MORENO, 2007 WL 201259 (S.D. Fla. Jan. 24, 2007)
1/24/2007
In a dispute over a business relationship gone "awry," a federal court in Florida held that an interim arbitration agreement outlined in a letter separate from the parties' non-disclosure agreement was sufficiently broad to encompass all of the parties' disputes.
In NRP Group, Inc. v. Hydropress, LLC, No. 06-60593-CIV-MORENO, 2007 WL 201259 (S.D. Fla. Jan. 24, 2007), NRP Group, Inc. (NRP) and Hydropress, LLC engaged in a series of disputes over their soured business relationship. NRP brought suit for a variety of claims arising out of a non-disclosure agreement between the parties, and Hydropress moved to compel arbitration... Full Story
Waiver of Right to Arbitrate Must Cause Prejudice to Non-Moving Party
Alexander v. Easy Finance of New Albany, Inc., No. 103CV91-D-D, 2007 WL 188579 (N.D. Miss. Jan. 23, 2007)
1/23/2007
A party does not waive its right to arbitrate if the party's conduct causes no prejudice to the opposing party, a federal court in Mississippi held.
In Alexander v. Easy Finance of New Albany, Inc., No. 103CV91-D-D, 2007 WL 188579 (N.D. Miss. Jan. 23, 2007), Edgar and Martha Alexander and several additional plaintiffs (collectively the Plaintiffs) filed claims in court against Easy Finance alleging fraud and breach of contract... Full Story
Arbitration Provision Factors into Court's Refusal to Confirm Class Action Settlement Agreement Between Insurer and Katrina Victims
Woullard v. State Farm Fire and Casualty Co., No. 1:06cv1057 LTS-RHW, 2007 WL 208519 (S.D. Miss. Jan. 26, 2007)
1/26/2007
In Woullard v. State Farm Fire and Casualty Co., No. 1:06cv1057 LTS-RHW, 2007 WL 208519 (S.D. Miss. Jan. 26, 2007), Woullard asked the court to certify a class of State Farm policyholders who suffered damages as a result of Hurricane Katrina and to approve a settlement agreement between the parties.
However, the Court refused to certify the class or approve the proposed settlement agreement. Both the proposed class and the proposed settlement agreement contained many terms that the Court deemed unfair to potential class members, including a clause relating to arbitration... Full Story
Estoppel Argument Fails When Non-Signatory Did Not Receive Benefit from Agreement Containing Arbitration Clause
Stolt-Nielsen Transportation Group B.V. v. Edible Oil Trading Corporation, No. 06 Civ. 0703 (NRB), 2007 WL 194182 (S.D.N.Y. Jan. 24, 2007)
1/24/2007
The Southern District of New York refused to confirm an arbitration award against a non-signatory and rejected an estoppel argument because the non-signatory never received a benefit from the agreement containing the arbitration clause.
In Stolt-Nielsen Transportation Group B.V. v. Edible Oil Trading Corporation, No. 06 Civ. 0703 (NRB), 2007 WL 194182 (S.D.N.Y. Jan. 24, 2007), Stolt entered into a charter agreement with Edible, whereby Stolt would provide a vessel for Edible to ship oil to Turkey... Full Story
Employer's Arbitration Policy Fails Because of Permissive Language and Inadequate Notice
Hudyka v. Sunoco, Inc., No. 06-2891, 2007 WL 208516 (E.D. Pa. Jan. 26, 2007)
1/26/2007
A federal court in Pennsylvania held that an employer failed to demonstrate the existence of an enforceable arbitration agreement because the employee had not been properly notified of the agreement's terms and the terms themselves were permissive and non-imperative.
In Hudyka v. Sunoco, Inc., No. 06-2891, 2007 WL 208516 (E.D. Pa. Jan. 26, 2007), Hudyka sued his former employer, Sunoco, for alleged age and race discrimination. Sunoco moved to compel arbitration under a policy delivered to Sunoco employees through an inconspicuous email and instituted three months prior to Hudyka's termination... Full Story
Pennsylvania Court Holds That McMahon Factors for Determining Whether a Party Is "Sufficiently Immersed" in a Controversy Are Not Conjunctive
Marciano v. MONY Life Insurance Co., No. 05-4748, 2007 WL 152163 (E.D. Pa. Jan. 22, 2007)
1/22/2007
A Pennsylvania federal court held that factors to be considered to determine whether a party is a "certain other" that may compel arbitration of a dispute are not conjunctive and merely serve to aid courts in determining whether the party is sufficiently immersed in a controversy.
In Marciano v. MONY Life Insurance Co., No. 05-4748, 2007 WL 152163 (E.D. Pa. Jan. 22, 2007), Marciano brought a variety of tort claims against his former employer, MONY Life, arising out of MONY Life's alleged improper sanctioning of Marciano... Full Story
Class Action Claim Only Defeats Arbitrability of Non-Class Claims When the Class Claim "Encompasses" Remaining Non-Class Claims
Cannon v. GunnAllen Financial, Inc., No. 3:06-0804, 2007 WL 189601 (M.D. Tenn. Jan. 22, 2007)
1/22/2007
A party's non-class claims may be arbitrated, even if they are filed along with non-arbitrable class action claims, so long as the non-class claims are not encompassed by the class claims, according to a federal court in Tennessee.
In Cannon v. GunnAllen Financial, Inc., No. 3:06-0804, 2007 WL 189601 (M.D. Tenn. Jan. 22, 2007), Cannon filed suit against GunnAllen Financial, his former brokerage firm. GunnAllen moved to compel arbitration, citing a series of arbitration agreements between the parties... Full Story
Arbitration Agreement Extends to Additional Contracts If Connected and Part of Ongoing Business Transaction
Stuchiner v. Sedona Oil and Gas Corp., No. C06-5639-RJB, 2007 WL 215857 (W.D. Wash. Jan. 25, 2007)
1/25/2007
An arbitration agreement that includes "any claims under this agreement" is sufficiently broad to encompass all disputes. Further, an arbitration agreement contained within one contract is applicable to additional contracts if they are connected by language and temporal proximity and are part of an ongoing business transaction, a federal court in Washington held.
In Stuchiner v. Sedona Oil and Gas Corp., No. C06-5639-RJB, 2007 WL 215857 (W.D. Wash. Jan. 25, 2007), Stuchiner and Sedona entered into three contracts regarding oil and gas wells, two of which did not have an arbitration agreement. Stuchiner filed suit alleging complaints that related to all three contracts. Sedona filed a motion to dismiss on the ground that the dispute should be submitted to arbitration... Full Story
State Cases
Court Orders Arbitration of Derivative Action Pursuant to Shareholders' Arbitration Agreement
Oviedo v. Grace, No. B188018, 2007 WL 316519 (Cal. Ct. App. Feb. 5, 2007)
2/5/2007
The California Court of Appeals held that a derivative action brought by a company shareholder on behalf of the company was subject to arbitration because the company was a third-party beneficiary of the agreement containing an arbitration clause.
In Oviedo v. Grace, No. B188018, 2007 WL 316519 (Cal. Ct. App. Feb. 5, 2007), Oviedo and ten other people, including Grace and Rotondo, owned a limited liability company called Pacific Imaging. Each member of the company (i.e., each shareholder) signed an operating agreement that contained an arbitration clause.
After receiving phone calls from several creditors, Oviedo investigated the company's finances. His investigation led him to believe that Grace and Rotondo were deliberately mismanaging Pacific Imaging for personal gain... Full Story
FAA Deadline for Challenging Awards Only Applicable to Valid Arbitration Awards
Bank of America, N.A. (USA) v. Dahlquist, No. DA 06-0165, 2007 WL 404471 (Mont. Feb. 7, 2007)
2/7/2007
In affirming a lower court order denying confirmation of an arbitration award, the Montana Supreme Court held that the deadline for challenging an award under the Federal Arbitration Act (FAA) does not apply unless the arbitrator was selected in accordance with the arbitration agreement. This interpretation of the FAA offers additional protection against sham arbitration awards.
In Bank of America, N.A. (USA) v. Dahlquist, No. DA 06-0165, 2007 WL 404471 (Mont. Feb. 7, 2007), Bank of America (BOA) sued Dahlquist, seeking the recovery of unpaid credit card debt... Full Story
California Supreme Court Unanimously Enforces Broad Health Care Arbitration Agreement That Encompasses Medical Malpractice Disputes
Reigelsperger v. Siller, No. S131664, 2007 WL 415154 (Cal. Feb. 8, 2007)
2/8/2007
In construing a California statute that imposes notice requirements on health care arbitration agreements, the California Supreme Court held that once the notice requirements are satisfied, parties are "free to adopt" arbitration agreements with expansive reach. Accordingly, the Court found that an arbitration agreement entered into during an initial visit was applicable to a malpractice claim that arose from treatment received two years later for a different condition.
In Reigelsperger v. Siller, No. S131664, 2007 WL 415154 (Cal. Feb. 8, 2007), Siller, a chiropractor, treated Reigelsperger for lower back pain in August 2000. During his visit to Siller's office, Reigelsperger signed an arbitration agreement. Article 1 of the agreement required arbitration of "any dispute as to medical malpractice," while article 2 provided that "[t]his agreement is intended to bind the patient and the health care provider . . . who now or in the future treat[s] the patient"... Full Story
Arbitration Agreement Continues in Effect After Expiration of Underlying Contract
Shams v. Howard, No. 05CA1936, 2007 WL 416356 (Colo. Ct. App. Feb. 8, 2007)
2/8/2007
In a case determining that a residential construction dispute was subject to arbitration, the Colorado Court of Appeals held that an arbitration agreement survives expiration of the underlying contract unless there is "clear intent" to the contrary.
In Shams v. Howard, No. 05CA1936, 2007 WL 416356 (Colo. Ct. App. Feb. 8, 2007), Shams bought a home built by Meadow View. When Shams took possession of the home, the parties entered into a one-year warranty agreement containing an arbitration clause... Full Story
Challenge to Arbitration Award Must Be Timely
Ayele v. Kaiser Foundation Health Plan, Inc., No. A110691, A111346, 2007 WL 247672 (Cal. Ct. App. 1 Dist. Jan. 30, 2007)
1/30/2007
A party cannot challenge an arbitration award after the deadline to challenge has passed, an appellate court in California held.
In Ayele v. Kaiser Foundation Health Plan, Inc., No. A110691, A111346, 2007 WL 247672 (Cal. Ct. App. 1 Dist. Jan. 30, 2007), Ginbineh Ayele was treated with Haloperidol. Ayele brought a product liability suit against the manufacturer of the drug. The manufacturer demurred and Ayele amended its complaint to name Kaiser as a defendant. The dispute was arbitrated and an award was issued in favor of Kaiser... Full Story
Missouri Court: Motions to Compel Arbitration Will Not Be Granted Unless Served on Opposing Party Within a Reasonable Time
Sitelines L.L.C. v. Pentstar Corp., No. ED 88579, 2007 WL 328581 (Mo. App. Feb. 6, 2007)
2/6/2007
A Missouri state court, applying Missouri procedural rules, refused to compel arbitration when the party bringing the motion to compel served notice on the opposing party only 24 hours before a scheduled hearing.
In Sitelines L.L.C. v. Pentstar Corp., No. ED 88579, 2007 WL 328581 (Mo. App. Feb. 6, 2007), Sitelines, a general contractor, hired subcontractor Pentstar to do work on an office center project. When Pentstar abandoned the uncompleted project, Sitelines brought an action for breach of contract... Full Story
New York Court Rejects Challenge to Fairness of NASD Arbitration
In re Sobel, 2007 WL 269811 (N.Y. App. Div. Feb. 1, 2007)
2/1/2007
The Appellate Division of the New York Supreme Court upheld an NASD arbitration award over challenges by an investor arguing that his claim was prejudiced by the composition of the arbitration panel, an inability to amend his complaint, and the unavailability of a reasoned award... Full Story
Court Rejects Unconscionability Challenge to Nursing Home Arbitration
Manley v. Personacare, No. 2005-L-174, 2007 WL 210583 (Ohio App. Jan. 26, 2007)
1/26/2006
A state court in Ohio held that a separate, stand-alone arbitration agreement signed contemporaneously with a nursing home admissions agreement was not substantively unconscionable and therefore enforceable.
In Manley v. Personacare, No. 2005-L-174, 2007 WL 210583 (Ohio App. Jan. 26, 2007), Manley brought a negligence action on behalf of her late mother, alleging that Personacare's negligence resulted in her mother's death. Personacare moved to stay proceedings pending arbitration of Manley's claims... Full Story
Combination of Class Waiver and Choice of Law Provision Renders Arbitration Agreement Unconscionable
Coady v. Cross Country Bank, No. 2005AP2770, 2007 WL 188993 (Wis. App. Jan. 25, 2007)
1/25/2007
The Court of Appeals of Wisconsin held that an arbitration clause in a credit card agreement was unconscionable due to its class waiver and choice of law provisions, which deprived cardholders of remedies available under Wisconsin consumer protection statutes.
In Coady v. Cross Country Bank, No. 2005AP2770, 2007 WL 188993 (Wis. App. Jan. 25, 2007), Coady sued Cross Country Bank on behalf of a putative class, alleging illegal debt collection practices. Cross Country Bank moved to compel arbitration, but the lower court refused, declaring the arbitration agreement unconscionable... Full Story
ADR Legislation & Regulation
LEGISLATION
AZ H 2747
AUTHOR: Meza (D)
TITLE: Unfair Claim Settlement
INTRODUCED: 02/06/2007
DISPOSITION: Pending
Defines as an unfair settlement practice: "Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration."
AZ S 1310
AUTHOR: Flake (R)
TITLE: Underground Storage Tanks
INTRODUCED: 01/22/2007
DISPOSITION: Pending
Any party authorized to bring an action under this section and any party against whom an action is brought may have liability allocated through mediation.
CA S 208
AUTHOR: Runner G (R)
TITLE: Health Facilities: Correctional Treatment License Fees
INTRODUCED: 02/08/2007
DISPOSITION: Pending
This bill is in regards to existing law that establishes specified licensing and certification program fees for various health facilities, including correctional treatment centers. The number of arbitration hearings are to be
considered as part of an analysis of department costs.
CT H 7088
INTRODUCER: Cafero (R)
TITLE: Consolidated Uniform Procurement Code
INTRODUCED: 02/08/2007
DISPOSITION: Pending
This bill is in regards to government awarded contracts in the telecommunications industry. It states that a contract may not be awarded if a contract had been awarded and terminated for reason of non-performance or breach in the five years prior. If contested in arbitration or judicial proceeding, the termination shall not be final until the proceedings are concluded. If failure to perform or braech is found, any award issued during the pendency of such arbitration or proceeding shall be rescinded and the
contractor will be barred from the future awarding of contracts.
CT S 1142
INTRODUCER: Joint Banks
TITLE: Concerning Administration of The Program For The U
INTRODUCED: 02/09/2007
DISPOSITION: Pending
Provides: "If a banking corporation or financial institution believes that the program is not being administered or implemented in accordance with the provisions of this section, including the rules adopted pursuant to subsection (b) of this section, such banking corporation or financial institution may apply in writing to the Superior Court for an order authorizing the banking corporation or financial institution to submit the matter in controversy to arbitration by a person or persons who are mutually agreed upon by the petitioning banking corporation or financial institution and the organization then designated to administer the [IOLTA] program."
FL H 311
AUTHOR: Hukill (R)
TITLE: Probate
LAST AMEND: 02/08/2007
DISPOSITION: Pending
Permits clauses in wills, other than the validity of all or part of the will, to be subject to arbitration.
IL H 917
SPONSOR: Osmond (R)
TITLE: Commercial General Liability Policies
INTRODUCED: 02/07/2007
DISPOSITION: Pending
Amends the Illinois Insurance Code; existing provisions provide for arbitration over coverage disputes with the American Arbitration Association.
IL S 469
SPONSOR: Brady (R)
TITLE: Health Facilities Planning Board
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Amends the Illinois Health Facilities Planning Board. ADR mention unaffected.
IL S 549
SPONSOR: Delgado (D)
TITLE: Title Loan Regulation Act
INTRODUCED: 02/08/2007
DISPOSITION: Pending
The "Title Loan Regulation Act" provides: "A licensee or unlicensed person or entity making title loans may not commit, or have committed on behalf of the licensee or unlicensed person or entity, any of the following acts...(8)(C) a mandatory arbitration clause that is oppressive, unfair, unconscionable, or substantially in derogation of the rights of borrowers;"
KS S 333
AUTHOR: Commerce Cmt
TITLE: Fairness in Public Building Construction Act
INTRODUCED: 02/07/2007
DISPOSITION: Pending
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.
KY H 259
BR: 1353
SPONSOR: Belcher (D)
TITLE: Accounting Practice
INTRODUCED: 02/06/2007
DISPOSITION: Pending
Relating to accounting practice and licensure, mediation may be used to informally resolve disputes.
KY H 334
BR: 1342
SPONSOR: Brinkman (R)
TITLE: Business Entities
INTRODUCED: 02/07/2007
DISPOSITION: Pending
Amends act regarding business entities. Arbitration and mediation clause unaffected.
KY HJR 118
BR: 1645
SPONSOR: Owens (D)
TITLE: Conflict Resolution
INTRODUCED: 02/09/2007
DISPOSITION: Pending
Designates the third week of every October as "Conflict Resolution Week," encouraging use of mediation/negotiation in courts.
MD S 678
CROSSFILED WITH: MD H 314
AUTHOR: Raskin (D)
TITLE: Human Relations Commission
INTRODUCED: 02/02/2007
DISPOSITION: Pending
Amends the MD Human Relations Commission, for the purpose of altering various provisions, including allegations of discrimination. When seeking compensatory or punitive damages, the parties are encouraged to use ADR, including negotiations or mediation.
ME H 508
LD: 659
AUTHOR: Wagner R (D)
TITLE: Landlord and Tenant Disputes
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Requires mediation prior to a trial in a landlord-tenant forcible entry and detainer court trial and provides a good cause exception process. The bill requires the Court Alternative Dispute Resolution Service to provide the mediators for the mediations. The bill directs the Supreme Judicial Court to adopt rules for fees and of procedure for landlord-tenant mediation.
MI S 165
SPONSOR: Switalski (D)
TITLE: Local Corrections Officers
INTRODUCED: 02/06/2007
DISPOSITION: Pending
Allows compulsory arbitration for local corrections officers.
MN H 739
AUTHOR: Thissen (DFL)
TITLE: Arbitration
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Amends MN Stat. 572.15 (2006) to include: "Awards must also state the reasons for the arbitrators' decision and the evidence upon which the arbitrators relied in reaching their decision."
MN S 596
AUTHOR: Olson M (DFL)
TITLE: Data Practices
INTRODUCED: 02/07/2007
DISPOSITION: Pending
Revises mediation data practices for ADR services related to certain labor disputes.
MO S 483
SPONSOR: Rupp (R)
TITLE: Market Conduct Surveillance Act
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Mandates that the Director of the Department of Insurance, Financial, and Professional Registration establish protocols that: "Establish and utilized a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination costs and fees."
NC H 131
AUTHOR: Tucker (D)
TITLE: Magistrate Qualifications
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Amends the qualifications for nomination as a magistrate. ADR mention unaffected.
NC S 72
AUTHOR: Pittenger (R)
TITLE: Health Care Liability Claims
DISPOSITION: Pending
Concerning health care liability: "No physician, professional association of physicians, or other health care provider shall request or require a patient or prospective patient to execute an agreement to arbitrate a health care liability claim unless the form of agreement delivered to the patient contains a written notice in 10-point boldface type..."
NM H 959
AUTHOR: Varela (D)
TITLE: Department of Information Technology
INTRODUCED: 02/07/2007
DISPOSITION: Pending
Creating the Department of Information Technology Act. Section G(7) provides for the quarterly meeting and approval of mediation between an executive agency and the secretary as chief information officer.
NM S 960
AUTHOR: McSorley (D)
TITLE: Surface Owners Protection Act
INTRODUCED: 02/08/2007
DISPOSITION: Pending
In a dispute over oil/gas resources, this bill allows surface owners to "enter into negotiations with the operator, including, if the parties agree, binding arbitration or mediation."
PA H 299
PN: 341
AUTHOR: Mundy (D)
TITLE: Municipalities Planning Code of 1968
INTRODUCED: 02/07/2007
DISPOSITION: Pending
Provides for municipalities planning mediation.
PA S 64
PN: 85
AUTHOR: Wozniak (D)
TITLE: Consumer Protection Act of 1968
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Amends the Unfair Trade Practices and Consumer Protection Act of 1968. Further defines unfair methods of competition and unfair or deceptive acts or practices, including: "For the sale of a motor vehicle by a dealer to a consumer where the sales contract includes an arbitration provision, failing to obtain the consumer's signature on a separately signed acknowledgment which indicates that the dealer explained the arbitration provision prior to the contract being signed, the consumer was given an opportunity not to agree to the arbitration provision and the consumer understands that the dealer is prohibited from increasing the cost of the motor vehicle if the consumer does not agree to the arbitration provision."
RI H 5275
AUTHOR: Ucci (D)
TITLE: Fair Dealership Act
INTRODUCED: 02/01/2007
DISPOSITION: Pending
The bill provides protection for dealership owners from the superior economic power of dealership grantors, but does not apply to arbitration agreement under certain circumstances.
TN H 1177
AUTHOR: Jones S (D)
TITLE: Physicians and Surgeons
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Amends Tenn. Code Ann., Tit. 56; Tit. 63; Tit. 68 and Tit. 71, and to enact the "Health Care Consumer Right-to-Know Act of 2007". Section 4(6) requires that "[a]ll medical malpractice court judgments and all medical malpractice arbitration awards in which a payment is awarded to a complaining party during the most recent ten (10) years."
TN S 1099
AUTHOR: Bunch (R)
TITLE: Teachers, Principals and School Personnel
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Amends Tenn. Code Ann., Tit. 49, Chptr 5, relative to education personnel. Section 2(3)(A)provides that all court judgments and arbitration awards in which a payment is awarded to a complaining party must be reported.
TN S 1655
AUTHOR: Jackson (D)
TITLE: Physicians and Surgeons
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Amends Tenn. Code Ann., Tit. 56; Tit. 63; Tit. 68 and Tit. 71, and to enact the "Health Care Consumer Right-to-Know Act of 2007". Section 4 (6) requires that "all medical malpractice arbitration awards in which a payment is awarded to a complaining party during the most recent ten (10) years" be reported.
TN S 1833
AUTHOR: Bunch (R)
TITLE: Arbitration
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Concerns Arbitration; decreases time period for filing arbitration award not fixed in submission from eight months to six months.
TX S 539
AUTHOR: West (D)
TITLE: Filing by Arbitrators
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Texas Legislature determines that "it is in the public interest and is the purpose of this chapter to require the provision of information needed to evaluate whether the public policy supporting arbitration is being served and to establish a basic system for evaluating and ensuring the accountability of arbitrators and arbitration services providers." Therefore, "[f]or each consumer arbitration or employment arbitration conducted in this state, the arbitrator or arbitration panel that conducts the arbitration or, if an arbitration services provider administers the arbitration, the arbitration services provider shall file an arbitration disclosure with the office of court administration before the 90th day after the date the arbitration award is signed."
UT S 262
AUTHOR: Madsen (R)
TITLE: Short Title - Real Property Amendments
INTRODUCED: 02/09/2007
DISPOSITION: Pending
Sets requirements for arbitration of real property disputes.
VA SJR 418
AUTHOR: McDougle (R)
TITLE: Study and Report for Judicial Circuits
INTRODUCED: 01/15/2007
LAST AMEND: 02/06/2007
DISPOSITION: Pending
Establishing a joint committee of the Senate Committee for Courts of Justice and the House Committee for Courts of Justice to study redistricting the judicial circuits. Recognizes "other factors influencing caseloads in some circuits include the successful use of mediation, and other docket control measures."
WA S 5914
AUTHOR: Kline (D)
TITLE: Growth Management Planning
INTRODUCED: 02/07/2007
DISPOSITION: Pending
Introducing an Act relating to performance measures in countywide planning policies for the purpose of growth management planning; and amending RCW 36.70A.030 and 36.70A.210. ADR mention unaffected.
WV S 473
SPONSOR: Foster (D)
TITLE: Allowing Mortgage Loan Borrowers Choose Settlement
INTRODUCED: 02/07/2007
DISPOSITION: Pending
No instrument evidencing or securing a primary or subordinate mortgage loan shall contain "a requirement for compulsory arbitration which does not comply with federal law."
REGULATIONS
CO 9010 (2006)
AGENCY: Dept. of Personnel and Administration
TITLE: Special Provisions
PROPOSED: 11/27/2006
ADOPTED: 11/27/2006
Clarifies rules regarding contracting provisions for the Department of Personnel and Administration. Special Provision 6, choice of law provision provides that: "Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void."
DE 1982 (2007)
AGENCY: Dept. of Insurance
TITLE: Managed Care Organizations
PROPOSED: 02/01/2007
ADOPTED: 02/01/2007
"The Department of Insurance proposes to amend Regulation 1403 by rescinding the current regulation and substituting in lieu thereof revised provisions for the review and arbitration of health insurance claims." Amended: "The MCO shall disclose to each new enrollee, and any enrollee upon request, in a format and language understandable to a layperson, the following minimum information:" under Section 8.2.8.10 8.2, "to file a petition for arbitration or appeal for review by an Independent Utilization Review Organization, as appropriate." For Emergency and urgent care services, under Section: 11.3.3.2: "When emergency care services are performed by non-network providers, the MCO shall make acceptable service arrangements with the provider and enrollee, and shall prohibit balance billing. In those cases where the MCO and the provider cannot agree upon the appropriate charge, the provider may petition the Department for arbitration." Under section 12.2.1.2, petitions for arbitration must also be included in the annual report.
OR 27919 (2006)
AGENCY: Dept. of Consumer and Business Services
TITLE: Loan Originator Activity
PROPOSED: 10/01/2006
ADOPTED: 01/17/2007
Amends Mortgage Lending Rules in regards to supervision and education of loan originators: Under (c) Must report arbitration proceedings within the past ten years involving allegations of financial misconduct and compensatory damages of $10K or more. Under (d) Must report any pending arbitration, or alternative dispute resolution, involving allegations of financial misconduct and compensatory damages of $10,000 or more.
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