ADR LAW & POLICY UPDATE

Federal Cases

Eighth Circuit Upholds Arbitration Award over Public Policy Challenge
Twin Cities Galleries, LLC v. Media Arts Group, Inc., No. 06-1777, 2007 WL 429551 (8th Cir. Feb. 9, 2007)
2/9/2007

The Eighth Circuit Court of Appeals reversed a lower court order vacating an arbitration award on public policy grounds because the party challenging the award failed to demonstrate that the arbitrators' application of California law undermined the public policy of the forum state.

In Twin Cities Galleries, LLC v. Media Arts Group, Inc., No. 06-1777, 2007 WL 429551 (8th Cir. Feb. 9, 2007), Twin Cities Galleries (TCG) owned and operated four galleries featuring the art of Thomas Kinkade. TCG obtained its inventory of Kinkade's artwork through dealer agreements with Media Arts... Full Story

Federal Court Treats "Infancy Doctrine" As a Question for the Court to Determine Existence of Arbitration Agreement
Foss v. Circuit City Stores, Inc., No. 06-CV-153-P-S, 2007 WL 436083 (D. Me. Feb. 5, 2007)
2/5/2007

In denying arbitration of an employment dispute, a federal court in Maine held that application of the "infancy doctrine" presented a question for the court because the issue went to the very existence of the arbitration agreement.

In Foss v. Circuit City Stores, Inc., No. 06-CV-153-P-S, 2007 WL 436083 (D. Me. Feb. 5, 2007), Foss was a few months short of his 18th birthday when he applied for a job at Circuit City through its online application system.

During the online application process, the applicant cannot proceed without consenting to Circuit City's Dispute Resolution Agreement (the Agreement). If the applicant is less than 18 years of age, the applicant is instructed to obtain parental consent to the Agreement... Full Story

Nonsignatories Under the Doctrine of Equitable Estoppel Enjoy FAA Right of Appeal
Ross v. American Express Co., No. 06-4598-CV(L), 2007 WL 458071 (2d Cir. Feb. 13, 2007)
2/13/2007

In denying a motion to dismiss for lack of jurisdiction, the Second Circuit Court of Appeals held that the writing requirement of the Federal Arbitration Act (FAA) is satisfied when principles of estoppel trigger an obligation to arbitrate under a written agreement. Accordingly, nonsignatories are entitled to an interlocutory appeal from an order denying them the right to enforce an arbitration agreement.

In Ross v. American Express Co., No. 06-4598-CV(L), 2007 WL 458071 (2d Cir. Feb. 13, 2007), Ross brought a putative class action against American Express and its affiliates (collectively, AmEx), alleging that AmEx conspired with VISA, MasterCard and their member banks (collectively, VISA) by (1) fixing fees for transactions in foreign currencies and (2) imposing arbitration agreements on their cardholders... Full Story

Arbitrators Exceeded Their Powers by Awarding Fees in Contravention of the Parties' Agreement
Reliastar Life Insurance Co. of New York v. EMC Nat. Life Insurance Co., No. 06 Civ. 10186, 2007 WL 466607 (S.D.N.Y. Feb. 13, 2007)
2/13/2007

The Southern District of New York held that an arbitration panel exceeded its powers by awarding arbitrator fees and attorney fees in contravention of the parties' agreement that each party would bear its own fees. Accordingly, the Court vacated the fee portion of the arbitration award.

In Reliastar Life Insurance Co. of New York v. EMC Nat. Life Insurance Co., No. 06 Civ. 10186, 2007 WL 466607 (S.D.N.Y. Feb. 13, 2007), Reliastar and EMC entered into coinsurance agreements that contained an arbitration clause with the following provision: "Each party shall bear the expense of its own arbitrator . . . and related outside attorneys' fees"... Full Story

California Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver
Omstead v. Dell, Inc., No. C 06-6293 PJH, 2007 WL 486724 (N.D. Cal. Feb. 13, 2007)
2/13/2007

A federal court in California honored a Texas choice-of-law provision in upholding a class action waiver because the party opposing arbitration failed to demonstrate that California has a fundamental public policy against class action waivers.

In Omstead v. Dell, Inc., No. C 06-6293 PJH, 2007 WL 486724 (N.D. Cal. Feb. 13, 2007), Omstead bought a notebook computer from Dell for approximately $1,200. The purchase was subject to various terms and conditions, including a Texas choice-of-law provision and an arbitration agreement containing a class action waiver... Full Story

Court Allows Party Leave to Amend to Add Affirmative Defense of Arbitration
Peters v. Terminix International, Inc., No. 05-CV-0719-CVE-SAJ, 2007 WL 171910 (N.D. Okla. Jan. 18, 2007)
1/18/2007

A federal district court in Oklahoma granted a defendant's motion for leave to amend its answer and add the affirmative defense of arbitration, despite the plaintiff's argument that arbitration agreement had terminated.

In Peters v. Terminix International, Inc., No. 05-CV-0719-CVE-SAJ, 2007 WL 171910 (N.D. Okla. Jan. 18, 2007), Peters sued Terminix, his former employer, alleging retaliatory discharge... Full Story

Reasonable Denial of Request to Postpone Arbitration Hearing Is Not Arbitrator Misconduct
Barinaga v. Cox, No. 05-1432 HU, 2007 WL 184687 (D. Or. Jan. 12, 2007)
1/12/2007

An arbitrator's denial of a party's request to postpone an arbitration hearing does not constitute arbitrator misconduct if the denial was not found to be unreasonable, an Oregon federal court held.

In Barinaga v. Cox, No. 05-1432 HU, 2007 WL 184687 (D. Or. Jan. 12, 2007), Louis Barinaga brought suit against Marvin Cox and his company with the National Association of Securities Dealers (NASD), based on sales of securities to Barinaga. A settlement was reached, but Cox would not sign and an arbitration hearing was scheduled... Full Story

Narrow Reading of Second Contract Leads Federal Court to Refuse to Enforce Arbitration Agreement from Previous Contract
Colorama Paints & Equipment, Inc. v. Akzo Nobel Coatings, Inc., No. 06-1904(JAF), 2007 WL 129057 (D.P.R. Jan. 12, 2007)
1/12/2007

A federal district court in Puerto Rico held that it would not compel arbitration on the assumption that the parties meant to extend an arbitration agreement from one distribution deal into a second, even though it was effectively the same deal between the same parties.

In Colorama Paints & Equipment, Inc. v. Akzo Nobel Coatings, Inc., No. 06-1904(JAF), 2007 WL 129057 (D.P.R. Jan. 12, 2007), the Court expressed "confusion" over Colorama's claim that the first distribution agreement, which contained the arbitration agreement, was not relevant to the present dispute, given its reliance upon that agreement for much of its case. Still, the Court agreed that arbitration should not be required when it is merely assumed, and not proven, that the arbitration clause from the original agreement was intended to extend to a subsequent deal... Full Story

Federal Court in California Allows Nonsignatories to Invoke Arbitration Agreement
Amisil Holdings Ltd. v. Clarium Capital Management LLC, No. C-06-5255 MJJ (EMC), 2006 WL 3949332 (N.D. Cal. Dec. 21, 2006)
12/21/2006

A federal court in California ruled that nonsignatories could enforce an arbitration agreement because they were agents of the company that was a party to the agreement, the alleged wrongful acts related to the nonsignatories' behaviors as agents, and the claims arose out of the contract containing the arbitration agreement.

In Amisil Holdings Ltd. v. Clarium Capital Management LLC, No. C-06-5255 MJJ (EMC), 2006 WL 3949332 (N.D. Cal. Dec. 21, 2006), after becoming a minority member of Clarium, Amisil sued Clarium and several of its agents. Clarium and the individual defendants (i.e., the agents) asked the court to compel arbitration pursuant to an arbitration agreement in the Operating Agreement signed by Amisil and Clarium... Full Story

Court Awards Damages for Non-Payment, but Not for "Suspicious Charges" in Case Involving Sham Arbitration Awards
Citibank (South Dakota) N.A. v. National Arbitration Council, Inc., Nos. 3:04-cv-1076-J-32MCR, 3:04-cv-1205-J-20MCR, 2007 WL 106565 (M.D. Fla. Jan. 9, 2007)
1/9/2007

A federal district court in Florida awarded damages for non-payment of credit card debt caused by sham arbitration awards that the National Arbitration Council (NAC) issued to cardholders.

In Citibank (South Dakota) N.A. v. National Arbitration Council, Inc., Nos. 3:04-cv-1076-J-32MCR, 3:04-cv-1205-J-20MCR, 2007 WL 106565 (M.D. Fla. Jan. 9, 2007), the Court held that Chase Manhattan Bank ("Chase") successfully proved its entitlement to a majority of the nearly half-million dollars in damages it was seeking... Full Story

Federal Court Holds That Signatories to an Arbitration Agreement May Not Compel Nonsignatories to Arbitrate Under Equitable Estoppel Theory
Leevers v. Bilberry, No. 4:04-CV-34 (CDL), 2007 WL 315344 (M.D. Ga. Jan. 31, 2007)
1/31/2007

A signatory to an arbitration agreement may not utilize equitable estoppel to compel a nonsignatory to arbitrate a dispute, a federal court in Georgia held.

In Leevers v. Bilberry, No. 4:04-CV-34 (CDL), 2007 WL 315344 (M.D. Ga. Jan. 31, 2007), Leevers and Bilberry formed the Foxchase partnership. When a dispute arouse between the parties, it was submitted to arbitration pursuant to an arbitration clause in one of their agreements... Full Story

Judgment of Dismissal May Be Set Aside to Enable Confirmation of Arbitration Award
Trezvant v. Weston, No. 04-1246-JTM, 2007 WL 433071 (D. Kan. Feb. 7, 2007)
2/7/2007

A federal court in Kansas enabled confirmation of an arbitration award by setting aside a judgment of dismissal pursuant to Rule 60(b) of the Federal Rules of Civil Procedure.

In Trezvant v. Weston, No. 04-1246-JTM, 2007 WL 433071 (D. Kan. Feb. 7, 2007), Trezvant sued Weston over a contract dispute. The Court dismissed the action because the dispute was subject to arbitration... Full Story

Pension Plan's Arbitration Agreement May Be Enforced Against Members of the Plan
Vanvels v. Betten, No. 106-CV-710, 2007 WL 329048 (W.D. Mich., Jan. 31, 2007)
1/31/2007

In ordering arbitration of a pension plan dispute, a federal court in Michigan held that individual participants in the plan were bound by an arbitration agreement entered into by the plan's trustee.

In Vanvels v. Betten, No. 106-CV-710, 2007 WL 329048 (W.D. Mich., Jan. 31, 2007), Vanvels sued Rajah, a pension plan manager, on behalf of pension plan participants. The lawsuit alleged that Rajah breached his fiduciary duty by mismanaging the pension plan... Full Story

Federal Court Relies on New Jersey Law in Refusing to Apply "Ambiguous" Arbitration Agreement to Statutory Claims
Samukai v. Emily Fisher Charter School of Advanced Studies, Civil Action No. 06-1370, 2007 WL 316449 (D.N. J. Jan. 30, 2007)
1/30/2007

Applying New Jersey law rather than the Federal Arbitration Act (FAA) and its policy favoring arbitration, a federal court in New Jersey held that a vaguely worded arbitration agreement did not require arbitration of an employee's statutory discrimination claims.

In Samukai v. Emily Fisher Charter School of Advanced Studies, Civil Action No. 06-1370, 2007 WL 316449 (D.N. J. Jan. 30, 2007), Samukai, a native of Liberia, alleged that he was demoted and terminated on the basis of his race and national origin in violation of 42 U.S.C. §1981 and 42 U.S.C. §1983. The employer argued that Samukai's claims were subject to an arbitration clause in his employment contract... Full Story

Court Approves Arbitration of Title VII Claims
DeBono v. Washington Mutual Bank, No. 05 Civ. 10333(DC), 2006 WL 3538938 (S.D.N.Y. Dec. 8, 2006)
12/8/2006

A federal district court in New York compelled arbitration of employment discrimination claims, pursuant to the language of a broad arbitration clause.

In DeBono v. Washington Mutual Bank, No. 05 Civ. 10333(DC), 2006 WL 3538938 (S.D.N.Y. Dec. 8, 2006), DeBono was terminated from his job as a loan consultant with defendant Washington Mutual Bank (Washington). When DeBono sued under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, Washington moved to compel arbitration... Full Story

State Cases

Non-Signatory to Arbitration Agreement Must Object to Jurisdiction Before Award Is Issued
Proctor v. Georgiades, No. G036462, 2007 WL 106380 (Cal. Ct. App.4d Jan. 17, 2007)
1/17/2007

A non-signatory to an arbitration agreement is bound by an arbitration award issued against him if he participated in the arbitration hearing and did not object to jurisdiction prior to the award, a California appellate court held.

In Proctor v. Georgiades, No. G036462, 2007 WL 106380 (Cal. Ct. App.4d Jan. 17, 2007), Proctor hired Emperor, a construction company. Georgiades negotiated the contract, containing an arbitration agreement, with Proctor on behalf of Emperor and signed it in his capacity as salesman... Full Story

No Right of Appeal from Denial of Motion to Arbitrate Arbitrability
Vivid Video, Inc. v. Playboy Entertainment Group, Inc., No. B192186, 2007 WL 274366 (Cal. Ct. App.2d Feb. 01, 2007)
2/1/2007

An appellate court in California held that there is no right to appeal from an order denying a motion to compel arbitration of a dispute over arbitrability because such a ruling lacks finality.

In Vivid Video, Inc. v. Playboy Entertainment Group, Inc., No. B192186, 2007 WL 274366 (Cal. Ct. App.2d Feb. 01, 2007), Vivid Video and Playboy entered into two contracts, one of which contained an arbitration agreement. Vivid Video brought suit and Playboy moved to compel arbitration. However, Playboy limited its motion to the question of whether it was for the arbitrator or the court to decide if the arbitrators had jurisdiction to decide if the claims were arbitrable... Full Story

California Consumer Protection Statute Does Not Support Injunctions Against Enforcement of Arbitration Clauses in Credit Card Agreements
Berry v. American Express Publishing, Inc., No. G036848, 2007 WL 257922 (Cal. Ct. App. Jan. 31, 2007)
1/31/2007

According to a California appellate court, a credit card consumer may not obtain injunctive relief against an allegedly unconscionable arbitration provision on the basis of California consumer protection law because a credit card agreement is not a sale or lease of goods or services.

In Berry v. American Express Publishing, Inc., No. G036848, 2007 WL 257922 (Cal. Ct. App. Jan. 31, 2007), Berry sought an injunction against American Express Publishing, Inc. (AMEX) to prevent enforcement of an allegedly unconscionable arbitration provision in the cardholder agreement. The source of this remedy is California's Consumer Legal Remedies Act (CLRA), CAL. CIV. CODE §1770(a)(19), which applies to "a transaction intended to result or which results in the sale or lease of goods or services to [a] consumer"... Full Story

Party Creating Unreasonable Delay and Prejudice to Opposing Party Waives Right to Arbitrate
Dalby v. 21st Century Ins. Co., Nos. B188064, B189161, 2007 WL 137685 (Cal. Ct. App.2d Jan. 22, 2007)
1/22/2007

A party waived its right to arbitrate by acting inconsistently with the intent to arbitrate, creating an unreasonable and unexplained delay and causing prejudice to the opposing party, a California appellate court held.

In Dalby v. 21st Century Ins. Co., Nos. B188064, B189161, 2007 WL 137685 (Cal. Ct. App.2d Jan. 22, 2007), Mary Ann Dalby was in a car accident and Donald Dalby served as the executor of her estate. After difficulties reaching resolution with 21st Century, Mary Ann filed suit in court. 21st Century filed for demurrer, alleging that Mary Ann had failed to request arbitration made mandatory by the Insurance Code and the contract between the parties... Full Story

Arbitrator Did Not Exceed Power by Issuing Award Despite Questions of Fraud in Procuring the Agreement
Hernandez v. Villasenor, No. D047800, 2007 WL 316415 (Cal. Ct. App.4d Feb. 5, 2007)
2/5/2007

An arbitrator did not exceed his powers by issuing an award despite questions of fraud in procuring the agreement; and a final decision issued by the arbitrator is not reviewable by the court for errors in application of substantive law, an appellate court in California held.

In Hernandez v. Villasenor, No. D047800, 2007 WL 316415 (Cal. Ct. App.4d Feb. 5, 2007), Claudia Hernandez procured a loan by allegedly fraudulent means to purchase real property from Marisol Villasenor. Upon discovery of Hernandez's allegedly fraudulent activity, Villasenor attempted to renege on the purchase. Hernandez filed for arbitration. An award was issued in favor of Hernandez... Full Story

California Court Strikes Arbitration Agreement for Failure to Comply with Statutory Requirements
Organization of Women Architects & Design Professionals v. Health Net of California, Nos. A108832, A109222, 2007 WL 66363 (Cal. App. Jan. 11, 2007)
1/11/2007

A California appellate court held that arbitration agreements in health insurance agreements must comply with strict statutory requirements to be enforceable.

In Organization of Women Architects & Design Professionals v. Health Net of California, Nos. A108832, A109222, 2007 WL 66363 (Cal. App. Jan. 11, 2007), Health Net provided health insurance coverage for the Organization of Women Architects & Design Professionals (OWA). When Health Net refused to renew coverage, the OWA brought an action alleging breach of contract and other claims... Full Story

Arbitration for Uninsured Motorist Insurance Available to All Covered Persons
Lucido v. Zurich Ins. Co., No. CV030081699, 2007 WL 196520 (Conn. Super. Jan. 12, 2007)
1/12/2007

The Connecticut Supreme Court held that arbitration for uninsured motorist insurance coverage is available to all covered persons, not just to the named insured.

In Lucido v. Zurich Ins. Co., No. CV030081699, 2007 WL 196520 (Conn. Super. Jan. 12, 2007), George Lucido and a co-worker, were involved in an automobile accident with Eugenia Kowats. The vehicle was owned by Lucido's co-worker employer and was being driven on a work-related errand... Full Story

Exemption for Consumer Contracts Does Not Mean That Indiana Arbitration Act Disallows Consumer Arbitration Agreements
Novotny v. Renewal By Anderson Corp., No. 49A05-0602-CV-93, 2007 WL 330065 (Ind. Ct. App. Feb. 6, 2007)
2/6/2007

The Indiana Court of Appeals held that the Indiana Uniform Arbitration Act's exemption for consumer contracts does not have the effect of invalidating consumer arbitration agreements.

In Novotny v. Renewal By Anderson Corp., No. 49A05-0602-CV-93, 2007 WL 330065 (Ind. Ct. App. Feb. 6, 2007), Novotny sued Anderson, alleging several causes of action arising from Novotny's purchase of sliding glass doors... Full Story

Court Lays Out Appropriate Procedures for Obtaining De Novo Review of an Attorney Fee Arbitration Award
Pruzan v. Levine, No. 114263/06, 2007 WL 340105 (N.Y. City Civ. Ct. Feb. 6, 2007)
2/6/2007

A civil court in New York determined the procedures for obtaining de novo review of an attorney fee arbitration award under New York law and found that it did not have jurisdiction over the matter based on the remedy sought by the Petitioner.

In Pruzan v. Levine, No. 114263/06, 2007 WL 340105 (N.Y. City Civ. Ct. Feb. 6, 2007), Thomas Pruzan was retained by Laurence Levine for legal representation. Levine paid Pruzan a retainer fee which Levine demanded that Pruzan repay upon termination of his representation. Upon Pruzan's refusal, Levine demanded arbitration of the dispute under the New York State Fee Dispute Resolution Program... Full Story

Texas Appeals Court Holds That Clear Language in a Supplemental Agreement Can Eliminate the Right to Arbitrate Disputes
In re Premont Independent School District, No. 04-06-00810, 2007 WL 390784 (Tex. App. Feb. 7, 2007)
2/7/2007

Finding no valid agreement to arbitrate existing between the parties, a Texas Court of Appeals has taken the unusual step of reviewing an order granting a motion to compel arbitration in a construction dispute. Such review is rare because both Federal law and Texas statute clearly reflect a legislative intent to allow courts to only review denials of motions to compel arbitration.

In In re Premont Independent School District, No. 04-06-00810, 2007 WL 390784 (Tex. App. Feb. 7, 2007), Premont Independent School District (PISD) contracted with Braselton Construction Co. (BCC) to renovate several schools. Both parties signed a Standard Form contract, which incorporated by reference both General Conditions and Supplementary Conditions. The General Conditions included an arbitration agreement; the Supplemental Conditions appeared to delete that agreement... Full Story

ADR Legislation & Regulation

LEGISLATION

AZ H 2255
AUTHOR: Stump [R]
TITLE: Pharmacies
INTRODUCED: 01/11/2007
LAST AMEND: 02/15/2007
DISPOSITION: Pending
Commentary:
Enacting and amending AZ statute 32 1973 in regarding pharmacies and quality assurance. As part of its quality assurance program, records may not be subpoenaed for arbitration proceedings.

CO S 79
SPONSOR: Johnson [R]
TITLE: Standard Health Care Provider Contracts
INTRODUCED: 01/15/2007
LAST AMEND: 02/13/2007
DISPOSITION: Pending
Commentary:
In contractual agreements with health care providers for health care services, this bill allows such contracts to provide for binding arbitration. Also allows previous arbitration awards to be introduced as "persuasive authority" suggesting a violation of this Article.

CT H 7190
INTRODUCER: Joint General Law
TITLE: Pass through Claims
INTRODUCED: 02/15/2007
DISPOSITION: Pending
Commentary:
Enacting and amending existing bill regarding pass through claims for subcontractors or suppliers building state highways. Subsection (a) was amended so that claims must first be submitted to mediation. Subsection (f) was amended to apply the AAA mediation rules if the parties do not agree to mediation rules. Subsection (g) regarding arbitration was amended so that claims would be consolidated at the discretion of the arbitration panel and so the proceedings were designated to be bifurcated into a determination of first liability and then damages.

FL H 817
AUTHOR: Brown [R]
TITLE: Title Insurance
PREFILED: 02/13/2007
DISPOSITION: Pending
Commentary:
Provides for title insurance arbitration under American Arbitration Association rules.

GA H 420
AUTHOR: Ehrhart [R]
TITLE: Georgia Industrial Loan Act of 2007
INTRODUCED: 02/14/2007
DISPOSITION: Pending
Commentary:
Repealing and reenacting chapter three of Title 7 relating to industrial loans. Subsection (b) mandates that the loan contract or written agreement shall not contain: "a mandatory arbitration clause that does not comply with the standards set forth in the statement of principles of the National Consumer Dispute Advisory Committee of the American Arbitration Association in effect on July 1, 2007."

HI H 90
AUTHOR: Herkes [D]
TITLE: National Conference of Insurance Legislature
INTRODUCED: 01/18/2007
LAST AMEND: 02/14/2007
DISPOSITION: Pending
Commentary:
Enacts a new Article of insurance law "to establish a framework for insurance division market conduct actions." Allows for the establishment of a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination costs and fees.

IL S 1468
SPONSOR: Lightford [D]
TITLE: Payday Loan
INTRODUCED: 02/09/2007
DISPOSITION: Pending
Commentary:
Amends the Payday Loan Reform Act, but does not modify ADR provisions.

KY H 490
BR: 1327
SPONSOR: Yonts [D]
TITLE: The Construction Industry
INTRODUCED: 02/14/2007
DISPOSITION: Pending
Commentary:
Provides that a clause in a contract for construction shall be against the public policy of this Commonwealth and shall be void and unenforceable if it "purports to waive, release, or extinguish the right to resolve disputes through litigation, in court or substantive or procedural rights in connection with such litigation, except that a contract may require binding arbitration as a substitute for litigation or require nonbinding alternative dispute resolution as a prerequisite to litigation."

KY H 505
BR: 1453
SPONSOR: DeWeese [R]
TITLE: Medical Malpractice
INTRODUCED: 02/15/2007
DISPOSITION: Pending
Commentary:
Proposes to submit to the voters an amendment to the Constitution of Kentucky that would allow the General Assembly to create statutory provisions relating to medical malpractice, including provisions for alternative dispute resolution.

MD H 1029
AUTHOR: Taylor [D]
TITLE: Court Fee Schedule
INTRODUCED: 02/09/2007
DISPOSITION: Pending
Commentary:
Commands court clerk to collect a $25 filing fee for docketing a petition for confirmation, correction, or modification of an arbitration award under Title 3, Subtitle 2.

ME LR 884
AUTHOR: Wagner R [D]
TITLE: Landlord and Tenant Disputes
PREFILED: 02/08/2007
DISPOSITION: Pending
Commentary:
Creates a mediation process for landlord and tenant disputes.

MN H 851
AUTHOR: Gunther [R]
TITLE: State Government
INTRODUCED: 02/12/2007
DISPOSITION: Pending
Commentary:
Deals with the Bureau of Mediation Services, and modifies a roster of Labor Arbitrators in the State of Minnesota.

MO H 369
SPONSOR: Fisher [R]
TITLE: Fairness in Public Construction Act
INTRODUCED: 01/11/2007
DISPOSITION: Pending
Commentary:
Establishes the Fairness in Public Construction Act to fulfill the state's objectives by promoting economical, nondiscriminatory, and efficient expenditures for publicly funded construction projects. Provides for settlement of disputes through binding arbitration.

MO S 483
SPONSOR: Rupp [R]
TITLE: Market Conduct Surveillance Act
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Commentary:
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."

MT H 467
AUTHOR: Peterson K [R]
TITLE: Medical Legal Panel Laws
INTRODUCED: 01/26/2007
LAST AMEND: 02/14/2007
DISPOSITION: Pending
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 H 624
AUTHOR: Clark [R]
TITLE: Implement Nursing Compact
INTRODUCED: 02/09/2007
DISPOSITION: Pending
Commentary:
Implements the "Nurse Licensure Compact," states that the party states may submit the issues in dispute to an arbitration panel that is composed of an individual appointed by the compact administrator in the home state, an individual appointed by the compact administrator in the remote state involved, and an individual mutually agreed upon by the compact administrators.

ND H 1321
AUTHOR: Wrangham [R]
TITLE: Zoning
INTRODUCED: 01/08/2007
LAST AMEND: 02/14/2007
DISPOSITION: Pending
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.

NJ A 3790
SPONSOR: Cohen [D]
TITLE: Insurance Claim for Physical Therapy
PREFILED: 12/07/2006
INTRODUCED: 12/11/2006
LAST AMEND: 02/08/2007
DISPOSITION: Pending
Commentary:
Reforms the review, processing, and payment of certain health and motor vehicle insurance claims relating to physical therapy benefits, but does not modify the law's arbitration provisions.

NM H 1222
AUTHOR: Gonzales [D]
TITLE: Health Security Act
INTRODUCED: 02/14/2007
DISPOSITION: Pending
Commentary:
Enacting the Health Security Act. Under Section 29   "As a prerequisite to judicial review, the person aggrieved [by the commission's decision] must exhaust administrative remedies available through procedures for dispute resolution established by rule of the commission, including mandatory participation in mediation in a good faith effort to resolve a dispute."

NM S 69
AUTHOR: Campos [D]
TITLE: Uniform Commercial Code
INTRODUCED: 01/16/2007
LAST AMEND: 02/14/2007
DISPOSITION: Pending
Commentary:
Enacting and revising act for jurisdiction and forum to govern lease or rental contracts. Section 1(3) if the choice of arbitration or mediation forum by the parties is not within the state where "the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter or in which the goods are to be used, the choice is not enforceable."

NV BDR 1114
AUTHOR: Office of Care
TITLE: Uniform Mediation Act
PREFILED: 02/05/2007
DISPOSITION: Pending
Commentary:
Adopts Uniform Mediation Act.

NY S 2750
SPONSOR: Stachowski [D]
TITLE: Limitations on Health Insurance Contracts or Policies
INTRODUCED: 02/12/2007
DISPOSITION: Pending
Commentary:
Prohibits limitations in health insurance contracts or policies with respect to coverage of massage therapy performed by a licensed massage therapist. Allows for arbitration initiated by insurance provider.

OK S 937
AUTHOR: Coates [R]
TITLE: Fair Pay for Construction Act
PREFILED: 01/22/2007
INTRODUCED: 02/05/2007
DISPOSITION: Pending
Commentary:
Amends existing "Fair Pay for Construction Act," which makes any construction contract clause requiring arbitration to take place in another state unenforceable.

OR H 2545
AUTHOR: Krummel [R]
TITLE: Landlord Tenant Relations
INTRODUCED: 02/06/2007
DISPOSITION: Pending
Commentary:
The Real Estate Agency shall establish a dispute resolution program for use by residential property landlords, tenants and applicants for tenancy. The program shall include, but need not be limited to, arranging for informal dispute resolution services and mediation services to resolve claims for money damages under ORS chapter 90.

OR S 484
AUTHOR: Commerce Cmt
TITLE: Unlawful Trade Practices
INTRODUCED: 02/05/2007
DISPOSITION: Pending
Commentary:
Provides that a person commits an unlawful trade practice if that person includes a clause in a contract for sale, lease or other transfer of real estate, goods or services that requires mandatory arbitration or that otherwise prohibits bringing of civil action for purpose of enforcing terms of contract.

OR S 485
AUTHOR: Commerce Cmt
TITLE: Standard Form Contracts
INTRODUCED: 02/05/2007
DISPOSITION: Pending
Commentary:
Provides that certain provisions in standard form contracts are revocable by consumer, but this does not prevent parties from making a binding agreement to arbitrate a dispute arising under a standard form contract as long as the arbitration provision does not limit the ability of a consumer to revoke a provision of the contract in the manner provided by this section.

OR S 546
AUTHOR: Morse [R]
TITLE: Bifurcation of Proceedings
INTRODUCED: 02/12/2007
DISPOSITION: Pending
Commentary:
Allows for bifurcation of medical malpractice litigation or arbitration proceedings into liability and damages phases.

PA H 422
PN: 486
AUTHOR: Gingrich [R]
TITLE: Informal Dispute Resolution
INTRODUCED: 02/13/2007
DISPOSITION: Pending
Commentary:
Establishes an informal dispute resolution process for long term care nursing facilities and an informal dispute resolution panel within the Department of Health. Provides for membership of the panel, for the scope of informal resolution review and for data collection.

RI H 5405
AUTHOR: Kennedy [D]
TITLE: Commercial Law
INTRODUCED: 02/13/2007
DISPOSITION: Pending
Commentary:
This act would prohibit credit card transactions from including a usurious rate of interest and would repeal the credit card lending act. Deletes existing law, which explicitly allowed credit card issuers to make amendments, including arbitration clauses.

RI S 489
AUTHOR: Blais [R]
TITLE: Courts And Civil Procedure
INTRODUCED: 02/13/2007
DISPOSITION: Pending
Commentary:
Amending civil procedure in regards to malpractice. Arbitration mention in regards to mandate against contingency attorney fees.

RI S 640
AUTHOR: Goodwin [D]
TITLE: Business And Professions
INTRODUCED: 02/15/2007
DISPOSITION: Pending
Commentary:
Creates the Nurse Licensure Compact, which allows party states to submit issues of a dispute to an arbitration panel.

TN H 1421
AUTHOR: McDaniel [R]
TITLE: Radio and Television
INTRODUCED: 02/13/2007
DISPOSITION: Pending
Commentary:
Allows for mediation between state issued certificate of franchise authority and its customer.

TN H 1717
AUTHOR: Casada [R]
TITLE: Arbitration
INTRODUCED: 02/08/2007
DISPOSITION: Pending
Commentary:
Amending Tenn. Code Ann. Title 29 concerning Arbitration; decreases time period for filing arbitration award not fixed in submission from eight months to six months.

TN H 2171
AUTHOR: Briley [D]
TITLE: Arbitration Awards
INTRODUCED: 02/15/2007
DISPOSITION: Pending
Commentary:
Amending Tenn. Code Ann. Tit. 29, Chptr 5, relative to arbitration. Replaced section 1 with the following requirements:
“(a) The award shall be in writing and signed by the arbitrators joining in the award. The award shall clearly set out the method by which it was calculated and shall specify how the arbitrators decided each issue sent to arbitration. If the award was based upon multiple issues, the award shall specify how much, if any, of the award was apportioned to each issue.
(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless that party notifies the arbitrators of such objection prior to the delivery of the award to the other party.”

TN S 367
SAME AS: TN H 322
AUTHOR: Southerland [R]
TITLE: Franchise Disclosure Act
INTRODUCED: 02/06/2007
DISPOSITION: Pending
Commentary:
In the Tennessee Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction or venue in a forum outside of this state is void, provided that a franchise agreement may provide for arbitration in a forum outside of this state.

TN S 2001
AUTHOR: Norris [R]
TITLE: Tort Liability and Reform
INTRODUCED: 02/14/2007
DISPOSITION: Pending
Commentary:
Amending Tenn. Code Ann. Tit. 29, Chptr 26, Part 1,
relative to health care liability by inserting new text. Section 4(4) Arbitration mention in regards to fair contingency attorney fees.

TX H 1079
AUTHOR: Naishtat [D]
TITLE: Emergency Medical Services
INTRODUCED: 02/02/2007
DISPOSITION: Pending
Commentary:
Provides for "Binding interest" arbitration related to the conditions of employment for emergency medical services personnel employed by certain municipalities.

UT H 44
AUTHOR: Urquhart [R]
TITLE: Motor Vehicle Insurance Arbitration
PREFILED: 12/18/2006
INTRODUCED: 01/15/2007
LAST AMEND: 02/09/2007
DISPOSITION: To Governor

UT S 215
AUTHOR: Bell [R]
TITLE: Short Title   Land Use Development and Management Act
PREFILED: 01/27/2007
INTRODUCED: 01/31/2007
DISPOSITION: Pending
Commentary:
Relates to requests for mediation or arbitration for constitutional takings issues in land use and development.

UT S 236
AUTHOR: Eastman [R]
TITLE: Short Title   Trademark Protection Act
PREFILED: 01/27/2007
INTRODUCED: 02/15/2007
DISPOSITION: Pending
Commentary:
This bill, titled the "Trademark Protection Act," establishes a new type of mark, called an "electronic registration mark," that may not be used to trigger advertising for a competitor and creates a database for use in administering marks.

WA H 2135
AUTHOR: Wood [D]
TITLE: Lemon Law Coverage
INTRODUCED: 02/09/2007
DISPOSITION: Pending
Commentary:
Expands lemon law coverage to out of state consumers, including the arbitration board.

WA H 2174
AUTHOR: Schual Berke [D]
TITLE: Medical Staff Disputes
INTRODUCED: 02/12/2007
DISPOSITION: Pending
Commentary:
The legislature finds that there is a strong interest in the prompt resolution of disputes between practitioners with medical staff membership and hospitals regarding privileges and membership disputes. The legislature finds that the use of arbitration can expedite resolution of those disputes after the hospital governing authority has made a decision.

WA S 5968
AUTHOR: Kilmer [D]
TITLE: Lemon Law Coverage
INTRODUCED: 02/09/2007
DISPOSITION: Pending
Commentary:
Expands lemon law coverage to out of state consumers, including arbitration board.

WY H 124
AUTHOR: Joint Interim Committee on Agr, Public
TITLE: Eminent Domain
PREFILED: 01/05/2007
INTRODUCED: 01/09/2007
LAST AMEND: 01/26/2007
DISPOSITION: Pending
Commentary:
Relating to eminent domain, "at any time in the negotiation, at the request of either party and upon mutual agreement, dispute resolution processes including mediation or arbitration may be employed or the informal procedures for resolving disputes established pursuant to W.S. 11 41 101 through 11 41 110 may be requested through the Wyoming agriculture and natural resource mediation board."

REGULATIONS

No new regulations.