Federal Cases
Court Orders CEO to Attend Settlement Conference for an "Unfiltered Appraisal" of the "Staggering Costs of Litigation"
Kearson v. Schick-Wilkenson Sword, No. 3:05-CV-1422 (DJS/TPS), 2007 WL 25499 (D. Conn. Jan. 3, 2007)
1/3/2007
In an employment discrimination case, a federal court in Connecticut rescheduled a settlement conference when the employer failed to send a representative with full settlement authority. To ensure that a representative with full settlement authority would attend the next conference, the Court ordered the employer's CEO to attend the conference, where he would get an "unfiltered appraisal" of the "staggering costs of litigation."
In Kearson v. Schick-Wilkenson Sword, No. 3:05-CV-1422 (DJS/TPS), 2007 WL 25499 (D. Conn. Jan. 3, 2007), Kearson sued Schick, his former employer, for alleged race discrimination... Full Story
Nevada Federal Court Holds That Electing to Continue with Arbitration Waives Right to Later Object
Sipple v. Allstate Ins. Co., No. 2:05-CV-231-BES-PAL, 2006 WL 3825114 (D. Nev. Dec. 22, 2006)
12/22/2006
A federal court in Nevada held that a party's decision to continue with arbitration, despite the fact that the other party breached the arbitration agreement, waives the right to later object to enforcement of the arbitration stipulation.
In Sipple v. Allstate Ins. Co., No. 2:05-CV-231-BES-PAL, 2006 WL 3825114 (D. Nev. Dec. 22, 2006), Jerry Sipple was involved in an automobile accident with an underinsured motorist. Sipple brought suit against his insurer, Allstate, to recover underinsured motorists benefits, and the parties signed a stipulation to resolve the dispute through arbitration... Full Story
Court Finds ADA Claim Subject to Arbitration Agreement
Boey Chau v. West Carver Medical Associates, P.C., No. 06-CV-0526 (JFB) (MLO), 2006 WL 3780546 (E.D.N.Y. Dec. 21, 2006)
12/21/2006
A federal district court in New York ruled that an employee's ADA claim was subject to arbitration under the broad language of an arbitration clause in the employment contract.
In Boey Chau v. West Carver Medical Associates, P.C., No. 06-CV-0526 (JFB) (MLO), 2006 WL 3780546 (E.D.N.Y. Dec. 21, 2006), Boey Chau was a physician with West Carver Medical Associates (WCMA). After suffering injuries in a car accident, Boey Chau sued WCMA for allegedly discriminating against her on the basis of her disabilities in violation of the ADA. WCMA moved to compel arbitration pursuant to an arbitration clause in Boey Chau's employment agreement... Full Story
Associated Members of NASD Must, Under NASD Rules, Arbitrate Claims Brought Against Them
Beer v. Nutt, No. 06 Civ.9424 HB, 2006 WL 13100 (S.D.N.Y. Jan. 3, 2007)
1/3/2007
An NASD business associate does not have to be acting as an agent or representative of the member organization when taking actions that give rise to a dispute for the dispute to be subject to arbitration, the United States District Court for the Southern District of New York held.
In Beer v. Nutt, No. 06 Civ.9424 HB, 2006 WL 13100 (S.D.N.Y. Jan. 3, 2007), Nutt brought misrepresentation and breach of fiduciary duty claims against Beer individually and alter ego corporation Pinnacle Group Securities in an arbitration claim filed with the National Association of Securities Dealers (NASD)... Full Story
First Circuit Affirms Arbitration Panel's Interpretation of Contract and Confirms Award
In re Vital Basics, Inc., No. 05-2741, 2006 WL 3821401 (1st Cir. Dec. 29, 2006)
12/29/2006
Noting the narrow review given to decisions of arbitration panels, the First Circuit confirmed an arbitration panel's interpretation of a contract.
In In re Vital Basics, Inc., No. 05-2741, 2006 WL 3821401 (1st Cir. Dec. 29, 2006), Vital Basics (VBI) asked the Court to vacate an arbitration award issued in favor of Ventrue Incorporated... Full Story
Arbitrator's Interim Escrow Award Confirmed in Federal District Court
Great Eastern Securities., Inc. v. Goldendale Investments., Ltd., No. 06 Civ.6667 DAB, 2006 WL 3851159 (S.D.N.Y. Dec. 20, 2006)
12/20/2006
Affirming that "(a)rbitrators have the ability to fashion equitable remedies," a federal district court in New York confirmed an arbitration panel's interim order directing a party to place in escrow an amount of money which would cover the pending resolution of a dispute.
The case, Great Eastern Securities., Inc. v. Goldendale Investments., Ltd., No. 06 Civ.6667 DAB, 2006 WL 3851159 (S.D.N.Y. Dec. 20, 2006), involved a dispute over nearly $480,000 in allegedly fraudulent commissions charged to Goldendale by Great Eastern. Because of concerns about Great Eastern's solvency, a three-person National Association of Securities Dealers (NASD) Arbitration Panel ordered the company to place this amount in escrow pending final resolution of the dispute... Full Story
Ninth Court Enforces Employment Arbitration Agreement After Severing Unconscionable Fee-Splitting Provision
Martin v. Teletech Holdings, Inc., No. 05-55342, 2006 WL 3794324 (9th Cir. Dec. 19, 2006)
12/19/2006
A United States District Court in California held that an arbitration agreement containing an unconscionable provision was enforceable because the unconscionable provision could be severed from the remainder of the agreement.
In Martin v. Teletech Holdings, Inc., No. 05-55342, 2006 WL 3794324 (9th Cir. Dec. 19, 2006), Robert Martin signed an arbitration agreement as a condition of his employment with Teletech. The arbitration agreement contained a cost-splitting provision, requiring Martin to pay half the costs of arbitration... Full Story
Court Will Not Grant Motion to Compel Arbitration Brought by Party in Default of Arbitration Proceedings
Stowell v. Toll Brothers, No. 06-cv-2103, 2007 WL 30316 (E.D. Penn. Jan. 4, 2007)
1/4/2007
A party who failed to pay arbitration filing fees is in default of the arbitration proceedings, and the FAA does not empower courts to grant that party's motion to compel arbitration, a federal court in Pennsylvania held.
In Stowell v. Toll Brothers, No. 06-cv-2103, 2007 WL 30316 (E.D. Penn. Jan. 4, 2007), Stowell brought sexual discrimination and other claims against her former employer, Toll Brothers... Full Story
Nonsignatory Must Arbitrate When His Claims Are Intertwined with the Claims of a Signatory
Spurlock v. Green Tree-Al, LLC, No. 306-CV-1026-MEF, 2006 WL 3834278 (M.D. Ala. Dec. 22, 2006)
12/22/2006
A federal district court in Alabama ordered a nonsignatory to arbitrate his claims because his claims were "interwined with, indistinguishable from, and dependent upon" a signatory's claims.
In Spurlock v. Green Tree-Al, LLC, No. 306-CV-1026-MEF, 2006 WL 3834278 (M.D. Ala. Dec. 22, 2006), Brenda Spurlock financed a home through Green Tree. In connection with that transaction, the parties executed an arbitration agreement... Full Story
"Reasoned, Careful Analysis" by Arbitrators Means There Was No Manifest Disregard of the Law
Four Seasons Software, LLC v. ICICI Infotech, Inc., No. 3:05cv171 (SRU), 2006 WL 3791386,(D. Conn. Dec. 22, 2006)
12/22/2006
A federal district court in Connecticut upheld an arbitration panel's damages award over objection that the arbitrators manifestly disregarded the law.
In Four Seasons Software, LLC v. ICICI Infotech, Inc., No. 3:05cv171 (SRU), 2006 WL 3791386,(D. Conn. Dec. 22, 2006), Four Seasons agreed to develop software in partnership with ICICI. In the wake of a dispute over project delays and expenses, ICICI refused to provide Four Seasons with the source code. Four Seasons sued in state to obtain the source code, but the Court stayed that action pending arbitration... Full Story
No Irreparable Harm Caused by Order to Arbitrate
Lawrence v. Wilder Richman Securities Corp., No. 3:04cv538 (JBA), 2006 WL 3821086 (D. Conn. Dec. 28, 2006)
12/28/2006
A Connecticut federal court held that an order to arbitrate under a valid arbitration agreement does not constitute irreparable harm that would permit issuance of a preliminary injunction, and that proceeding with a motion for preliminary injunction justified sanctions under Rule 11.
In Lawrence v. Wilder Richman Securities Corp., No. 3:04cv538 (JBA), 2006 WL 3821086 (D. Conn. Dec. 28, 2006), WRSC sought Rule 11 sanctions against Lawrence after he sought a preliminary injunction and other injunctive relief to prevent WRSC from proceeding with arbitration. WRSC's motion was granted by the magistrate judge and Lawrence moved for reconsideration... Full Story
Nonsignatory Claims Benefits of Arbitration Under Doctrine of Equitable Estoppel
Smart v. Bob Wilson Dodge Inc., No. 806-CV-22T-30TGW, 2006 WL 3837530 (M.D. Fla. Dec. 29, 2006)
12/29/2006
A federal district court in Florida ruled that a nonsignatory could invoke an arbitration agreement under the doctrine of equitable estoppel because the claims against the nonsignatory were based on the same facts and circumstances as claims being brought against signatories to the agreement.
In Smart v. Bob Wilson Dodge Inc., No. 806-CV-22T-30TGW, 2006 WL 3837530 (M.D. Fla. Dec. 29, 2006), Smart financed the purchase of an automobile from Bob Wilson Dodge through Americredit Consumer Loan Corporation ("Americredit"). The contract between the parties contained an arbitration clause. After Smart defaulted on the loan, Americredit hired A-Expert Recovery (A-Expert) to recover the vehicle... Full Story
An Arbitration Clause in a Nursing Home Agreement Is Invalid Unless the Signatory Has Actual or Apparent Authority to Sign on the Resident's Behalf
Buie v. Mariner Health Care, Inc., No. 3:06cv499-WHB-JCS, 2006 WL 3858330 (S.D. Miss. Dec. 29, 2006)
12/29/2006
In the fourth opinion issued on the subject in 2006, a federal court in Mississippi confirmed that arbitration agreements signed on behalf of a resident are unenforceable unless the nursing home presents evidence that the signatory acted with actual or apparent authority.
In Buie v. Mariner Health Care, Inc., No. 3:06cv499-WHB-JCS, 2006 WL 3858330 (S.D. Miss. Dec. 29, 2006), Mariner petitioned the Court to compel arbitration of a wrongful death action brought by Buie after Buie's mother passed away while residing at one of Mariner's nursing homes... Full Story
State Cases
Workers' Compensation Claim Falls Within Employee's Arbitration Agreement
Ryan's Family Steakhouse, Inc. v. Kilpatric, No. 2040557, 2006 WL 3691554 (Ala. Civ. App. Dec. 15, 2006)
12/15/2006
In a per curiam opinion, the Alabama Court of Civil Appeals held that a workers' compensation claim fell within the scope of an arbitration agreement and rejected the employee's argument that the public policy of Alabama precludes the arbitration of workers' compensation claims.
In Ryan's Family Steakhouse, Inc. v. Kilpatric, No. 2040557, 2006 WL 3691554 (Ala. Civ. App. Dec. 15, 2006), Kilpatric sued Ryan's, his former employer, seeking workers' compensation and alleging retaliatory discharge.
Ryan's filed a motion to compel arbitration based on an arbitration agreement that Kilpatric signed when she applied for employment with Ryan's. The trial court denied the motion on various grounds... Full Story
California Courts Lack Authority to Order Mediation in Some Cases
Jeld-Wen, Inc. v. Superior Court, No. D048782, 2007 WL 16068 (Cal. Ct. App. Jan. 4, 2007)
1/4/2007
Citing the voluntary nature of mediation, the California Court of Appeals held that under the rules of court, California trial courts do not have authority to order mediation over a party's objection where the amount in controversy exceeds $50,000.
In Jeld-Wen, Inc. v. Superior Court, No. D048782, 2007 WL 16068 (Cal. Ct. App. Jan. 4, 2007), the court ordered mandatory mediation in a multi-party construction defect case involving damages in excess of $500,000. The mediation order provided for no more than 100 hours of mediation at an hourly rate of $500.
Jeld-Wen, an uninsured "minor player," objected to the mediation order on the ground that a court may set only one mandatory settlement conference under Rule 3.1380 of the California Rules of Court. The court overruled the objection, but Jeld-Wen still refused to attend the mediation... Full Story
Under Texas Law, Unconscionability Challenge to Arbitration Agreement Requires Proof of Procedural and Substantive Unconscionability
TMI, Inc. v. Brooks, No. No. 14-05-00604-CV2007, WL 43814 (Tex. Ct. App. Jan. 9, 2007)
1/9/2007
The Texas Court of Appeals held that a party raising an unconscionability challenge to an arbitration agreement must prove both procedural and substantive unconscionability. Based on that holding, the parties' failure to prove procedural unconscionability was fatal to their unconscionability challenge.
In TMI, Inc. v. Brooks, No. No. 14-05-00604-CV2007, WL 43814 (Tex. Ct. App. Jan. 9, 2007), Brooks and eighteen other homeowners sued TMI, the homebuilder, for failing to disclose that the area where the homes are located was once the site of oil and gas operations... Full Story
California Law Governing Attorney-Client Fee Disputes Preempts Binding Arbitration Under State Law, but May Not Under FAA
Schatz v. Allen Matkins Leck Gamble & Mallory LLP, No. D047347, 2007 WL 49638 (Cal. Ct. App. Jan. 9, 2007)
1/9/2007
The California Court of Appeals held that a California statute governing the resolution of attorney-client fee disputes preempted a law firm's contractual right to demand arbitration. The Court did not address whether the Federal Arbitration Act (FAA), if applicable, would preempt the California statute.
In Schatz v. Allen Matkins Leck Gamble & Mallory LLP, No. D047347, 2007 WL 49638 (Cal. Ct. App. Jan. 9, 2007), Schatz retained Allen Matkins, a law firm, to represent him in two unrelated disputes. The retainer agreement provided for binding arbitration of all disputes... Full Story
Florida Appellate Court Holds That Courts, Not Arbitrators, Should Determine Award of Attorneys Fees Absent Very Explicit Indication to the Contrary
O'Brien v. Precision Response Corp., 942 So.2d 1030 (Fla. App. 4 Dist. Dec. 20, 2006)
12/20/2006
A Florida appellate court has determined that courts, and not arbitrators, should determine the award of attorneys fees absent a very explicit indication to the contrary, even if a party has seemingly agreed in general terms to submit such questions to arbitration.
In O'Brien v. Precision Response Corp., 942 So.2d 1030 (Fla. App. 4 Dist. Dec. 20, 2006), O'Brien had successfully defended himself in an arbitration hearing against fraud claims made by Precision Response Corporation (PRC), a company for which he had served as chief operating officer. Because O'Brien's counter-claims against PRC also failed, the arbitration panel ruled that neither party had prevailed, and that O'Brien was therefore not entitled to an award of attorneys fees... Full Story
Courts Will Not Inquire into the Merits of the Underlying Claim When Ruling on the Enforceability of a Settlement Agreement
Goodman v. Lothrop, Nos. 31291, 31292, 2007 WL 14560 (Idaho Jan. 4, 2007)
1/4/2007
The Idaho Supreme Court upheld a lower court decision enforcing a settlement agreement, noting that courts ruling on the enforceability of a settlement agreement should not inquire into the merits of the underlying claim.
In Goodman v. Lothrop, Nos. 31291, 31292, 2007 WL 14560 (Idaho Jan. 4, 2007), Lothrop obtained property from her mother, Hess, via a warranty deed.
Subsequently, Lothrop and Hess were involved in a property boundary dispute with a neighbor, Goodman. The trial court ordered the parties to participate in mediation. At mediation, which Hess did not attend, Lothrop and Goodman agreed to a settlement... Full Story
Court Improperly Dismissed Petition for Confirmation Where Party Produced Requested Documents
NCO Portfolio Management, Inc. v. Riley, No. 2005-CA-002099-MR, 2006 WL 3751345 (Ky. Ct. App. Dec. 22, 2006)
12/22/2006
The Kentucky Court of Appeals held that a trial court improperly dismissed a petition to confirm an arbitration award where documents requested by the court were produced within the allotted time.
In NCO Portfolio Management, Inc. v. Riley, No. 2005-CA-002099-MR, 2006 WL 3751345 (Ky. Ct. App. Dec. 22, 2006), NCO filed a petition to confirm an arbitration award in its favor. The trial court issued an order directing NCO to produce two documents – a copy of the arbitration agreement and a copy of the notice of arbitration sent to Riley – within an allotted time... Full Story
California Anti-SLAPP Statute Does Not Apply to Arbitration Claims
Sheppard v. Lightpost Museum Fund, No. H029574, 2006 WL 3824896 (Cal. App. Dec. 29, 2006)
12/29/2006
The California Anti-SLAPP statute which allows a party to file a special motion to strike a claim that "aris[es] from any act...in furtherance of the person's right of petition or free speech.." does not apply when such claims are filed an arbitral forum, a California state court held.
In Sheppard v. Lightpost Museum Fund, No. H029574, 2006 WL 3824896 (Cal. App. Dec. 29, 2006), Lightpost submitted an arbitration claim against its former employee Sheppard, alleging that Sheppard violated a non-disclosure clause in the employment agreement between the parties... Full Story
Insurance Policy's Limits Are Arbitrable if Specified in Arbitration Agreement
Rocha v. Financial Indem. Corp., No. 05CA2156, 2006 WL 3803422 (Colo. Ct. App. Dec. 28, 2006)
12/28/2006
An arbitration panel exceeded its authority when it reduced an arbitration award because the action was not taken to clarify the initial award or correct a mistake; however, the Colorado state court still confirmed the reduced award because the original award exceeding the insurance policy limits.
In Rocha v. Financial Indem. Corp., No. 05CA2156, 2006 WL 3803422 (Colo. Ct. App. Dec. 28, 2006), Rocha brought claims under her uninsured motorist policy with Financial following an accident with an uninsured motorist. The parties disputed as to the value of Rocha's claim, and the dispute was submitted to arbitration... Full Story
Recent Amendments to Louisiana Appellate Procedure Cast Doubt on Right to Interlocutory Appeal from Order Denying Arbitration
Allen v. Valero Energy Corporation, No. 06-CA-726, 2007 WL 60523 (La. Ct. App. Jan. 9, 2007)
1/9/2007
The Louisiana Court of Appeals held that the right to appeal an order denying arbitration is a jurisdictional issue that is not preempted by the Federal Arbitration Act (FAA). However, the Court did not address whether the FAA would preempt state law if the parties specifically agreed that the FAA would govern their agreement.
In Allen v. Valero Energy Corporation, No. 06-CA-726, 2007 WL 60523 (La. Ct. App. Jan. 9, 2007), Allen sued Valero, his former employer, for wrongful termination. At the trial court level, Allen argued that his claims should be resolved in arbitration in accordance with a reinstatement agreement signed by the parties. The trial court denied Allen's motion for a stay... Full Story
In Louisiana, Courts May Only Confirm Arbitration Awards as Written
Dictoguard, Inc. v. Lopeo, No. 06-CA-631, 2006 WL 3801577 (La. Ct. App. Dec. 27, 2006)
12/27/2006
A court's confirmation of an arbitration award may only confirm the award as written, a Louisiana appellate court held.
In Dictoguard, Inc. v. Lopeo, No. 06-CA-631, 2006 WL 3801577 (La. Ct. App. Dec. 27, 2006), Lopeo argued that the trial court erred by entering a judgment that did not reflect the arbitration award being confirmed... Full Story
Trial Court Erred by Denying Motion to Stay Proceedings Pending Arbitration Without Explanation
Murray v. David Moore Builders, Inc., No. 23257, 2006 WL 3734294 (Ohio. Ct. App., Dec. 20, 2006)
12/20/2006
An Ohio state court found that the trial court erred when it refused to stay proceedings pending arbitration between two homeowners and a construction company without providing any rationale for said refusal.
In Murray v. David Moore Builders, Inc., No. 23257, 2006 WL 3734294 (Ohio. Ct. App., Dec. 20, 2006), the Murrays contracted with David Moore Builders, Inc. (David Moore) for the construction of a new home.
When a dispute arose between the parties, David Moore requested a stay of judicial proceedings so that the parties could arbitrate their dispute. The trial court denied the motion without explanation... Full Story
Provision for Nonbinding Arbitration Unenforceable
Medallion Northeast Ohio Inc. v. SCO Medallion Healthy Homes, Ltd., No. 23214, 2006 WL 3825204 (Ohio Ct. App. Dec. 29, 2006)
12/29/2006
An Ohio appellate court held that a provision for nonbinding arbitration was unenforceable under Ohio law.
In Medallion Northeast Ohio Inc. v. SCO Medallion Healthy Homes, Ltd., No. 23214, 2006 WL 3825204 (Ohio Ct. App. Dec. 29, 2006), Medallion was a franchisee of SCO and a dispute arose regarding duties under the franchise agreement. Medallion brought suit and SCO moved to compel arbitration based on an alternative dispute resolution provision in the parties' agreement. The trial court granted SCO's motion and Medallion appealed... Full Story
Court Has No Jurisdiction to Consider Interlocutory Appeal of Arbitral Class Certification Order
O'Quinn, P.C. v. Wood, Nos. 12-06-00151-CV, 12-06-00188-CV, 2006 WL 3735617 (Tex. App. Dec. 20, 2006)
12/20/2006
A Texas Appellate Court held that it did not have jurisdiction to consider an interlocutory appeal from an order denying a motion to vacate a class determination award, a partial final order, because it did not fall under an exception to the rule that only final awards are appealable.
In O'Quinn, P.C. v. Wood, Nos. 12-06-00151-CV, 12-06-00188-CV, 2006 WL 3735617 (Tex. App. Dec. 20, 2006), O'Quinn represented Martha Wood and Patricia Haynes, in addition to thousands of other women, in breast-implant litigation. The contracts between O'Quinn and each client in the class-action suit contained arbitration agreements. After obtaining a settlement, O'Quinn deducted 1.5% for fees that were "common to all clients." Wood sued O'Quinn for breach of contract. O'Quinn moved to compel arbitration... Full Story
ADR Legislation & Regulation
FEDERAL LEGISLATION
No new federal legislation.
STATE LEGISLATION
Arkansas House Bill 1009 (Introduced 1/8/2007)
Would enact the Uniform Limited Partnership Act. Provides for mediation or arbitration as a method to settle disputes related to the “winding up” of a limited partnership.
Arizona House Bill 2539 (Introduced 1/11/2007)
States that an arbitration clause in a Payday loan contract is unenforceable if the contract is unconscionable; states factors for determining unconscionability. Provides that “any person who violates subsection A or B is guilty of a Class 1 misdemeanor…any person who aids or abets a violation, including any arbiter or arbitration company, is guilty of a Class 1 misdemeanor.”
Arizona Senate Bill 1129 (Introduced 1/11/2007)
Provides for a voluntary, non-binding mediation process for disputes between “elected employee organization[s]” and the Department of Public Safety. A neutral third party mediator shall conduct mediation.
Connecticut House Bill 5307 (Introduced 1/10/2007)
Promotes informal resolution of condominium-related disputes. Establishes an Office of Condominium Advocate and a separate Board of Arbitration for condominium-related disputes within the office of the Attorney General to help resolve condominium-related disputes.
Colorado House Bill 1039 (Introduced 1/10/2007)
Would allow law students to represent clients before an arbitration panel as if licensed to practice law when representing such clients in the setting of a law school maintained legal-aid dispensary.
Colorado House Bill 1103 (Introduced 1/12/2007)
Allows for arbitration of disputes between wholesalers and other parties (suppliers/other wholesalers) relating to the sale of malt beverages. Arbitration shall be conducted under the terms of the Uniform Arbitration Act, and shall determine the fair market value of the existing wholesaler’s right to distribute the product in the existing wholesaler’s territory.
Colorado House Bill 1115 (Introduced 1/15/2007)
Sets Colorado as the venue for any arbitration proceedings (or lawsuits) relating to disputes over construction contracts for improvements to real property brought in the state and governed by Colorado law.
Colorado Senate Bill 79 (Introduced 1/15/2007)
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.
Connecticut House Bill 5506 (Introduced 1/15/2007)
Allows legislative bodies of municipalities to intervene in binding arbitration proceedings with municipal employee organizations.
Florida House Bill 9a (Introduced 1/15/2007)
Effective June 1, 2007, a corporation contract with an insurer providing non-wind coverage for risks insured by the corporation in the high-risk account, “shall provide a process for neutral arbitration of any dispute between the corporation and the insurer regarding the terms of the contract.”
Georgia House Bill 46 (Introduced 1/11/2007)
Allows for mediation in disputes relating to the annexation of property. Provides that whenever property in an unincorporated area of a county is annexed to a city, the municipality and the county shall make land use decisions concurrently for a period of 5 years.
Kansas House Bill 2049 (Introduced 1/11/2007)
In employment disputes where an employee is “wrongfully discharged,” parties shall proceed to mediation, and “if the dispute is not resolved within 30 calendar days after the commencement of mediation, the mediator shall explain to the employer and the discharged employee the process and purpose of final and binding arbitration and the optional methods of selecting and compensating an arbitrator….”
Mississippi House Bill 859 (Introduced 1/12/2007)
If an arbitration is required to enforce provisions of Mississippi law dealing with contractor and subcontractor disputes, the prevailing party will be entitled to recover all costs of arbitration.
Nebraska Legislative Bill 368 (Introduced 1/12/2007)
Suggests that mediation and arbitration be used to resolve disputes in the “winding up” of a Limited Cooperative Association.
Nebraska Legislative Bill 373 (Introduced 1/12/2007)
In any arbitration (or civil action) related to an unanticipated outcome of medical care, assertions of apology, fault, sympathy, and the like shall be inadmissible as evidence.
New York Assembly Bill 1437 (Introduced 1/8/2007)
Enacts the Child Custody Reform Act to provide uniform statewide standards for litigation and mediation of child custody disputes. Provides for mediation of disputes, unless the court finds mediation inappropriate.
New York Assembly Bill 1938 (Introduced 1/11/2007)
Provides that in New York’s No-Fault Insurance arbitration cases, the award issued by the arbitrator shall be the sole remedy, and no further remedy shall be permitted.
New York Senate Bill 726 (Introduced 1/8/2007)
Relates to dispute resolution of conflicts between a third party payer and a health care provider. Also amends the insurance law and the state finance law, in relation to creating the health insurance guaranty fund.
North Dakota House Bill 1341 (Introduced 1/11/2007)
Relates to eligibility for the Agricultural Mediation Service.
Oregon House Bill 2318 (Introduced 1/8/2007)
Provides that mediation of interpersonal disputes between employees of a public body may be deemed “confidential.”
Oregon Senate Bill 58 (Introduced 1/8/2007)
Sets a $50 application fee for individuals applying to be on the list of qualified arbitrators maintained by the State Conciliation Service. Arbitrators already on the list must pay a $100 annual fee.
Oregon Senate Bill 62 (Introduced 1/8/2007)
Adjusts language regarding recovery from arbitration in disputes over bonds or other security of the landscaping business.
Oregon Senate Bill 63 (Introduced 1/8/2007)
Requires contractors to notify the State Landscape Contractors Board of judgments and arbitration awards issued against the contractor arising out of performance of, or contract for, landscaping services.
Oregon House Bill 2318 (Introduced 1/9/2007)
Modifies period for which mediation may be attempted to resolve tax court appeals prior to assignment to magistrate division. Applies to matters assigned to mediation on or after effective date of Act.
Oregon Senate Bill 245 (Introduced 1/12/2007)
Relates to the Interstate Compact for Juveniles; provides for mediation and binding dispute resolution among compacting states.
Oregon Senate Bill 248 (Introduced 1/12/2007)
Provides that “a written arbitration agreement entered into between an employer and employee and otherwise valid under subsection (1) of this section is void and may not be enforced,” unless the employer informs the employee that the agreement is a condition of employment or the agreement is entered into upon a subsequent bona fide advancement of the employee by the employer.
Oregon Senate Bill 255 (Introduced 1/12/2007)
Modifies a law providing that disputes between insurers as to issues of liability and the amount of reimbursement for personal injury protection benefits shall be determined by arbitration.
Oregon Senate Bill 256 (Introduced 1/12/2007)
Establishes requirements for motor vehicle liability arbitration proceedings, unless the parties agree to settle disputes otherwise.
Oregon Senate Bill 330 (Introduced 1/12/2007)
Deals with resource sharing between local governments; establishes an intrastate mutual assistance compact. Provides for arbitration if local governments cannot resolve disputes within 90 days.
Oregon Senate Bill 374 (Introduced 1/15/2007)
Relates to Intrastate Mutual Assistance; similar to SB 330, provides for arbitration between local governments.
Utah House Bill 44 (Introduced 1/15/2007)
A person may elect to submit a third party motor vehicle accident claim to arbitration by filing a notice to submit the claim to arbitration within 14 days after the complaint has been answered.
Utah House Bill 233 (Introduced 1/15/2007)
Amends county and municipal land use provisions, allowing for binding arbitration relating to the denial of an application in an environmentally restricted zoning district.
Virginia Senate Bill 1290 (Introduced 1/10/2007)
Concerns Interstate Compact for Juveniles; a commission shall promulgate a rule that provides for both mediation and binding ADR for disputes among compacting states.
West Virginia House Bill 2039 (Introduced 1/11/2007)
Prohibits mandatory arbitration clauses in consumer loan agreements by regulated consumer lenders in the state. Provides “unless preempted by federal law, a consumer loan by a regulated consumer lender may not contain any terms or any clauses requiring mandatory arbitration proceedings for disputes arising out of the consumer loan agreement.”
West Virginia Senate Bill 81 (Introduced 1/15/2007)
Establishes a mediation board for decisions on disputes over whether a prescribed drug is in the patient’s best interest.
Wyoming House Bill 207 (Introduced 1/12/2007)
Relates to housing discrimination; states that a conciliation agreement may provide for binding arbitration or another method of ADR.
REGULATIONS
No new regulations.
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