Federal Cases
Disclosure of Early Neutral Evaluation Violated Court's ADR Rules
In re Prohibition Against Disclosing ENE Communications to Settlement Judges, No. C 07-80133, 2007 WL 1514643 (N.D. Cal. May 21, 2007)
5/21/2007
The ADR Magistrate Judge in the United States District Court for the Northern District of California has issued an opinion concluding that under the ADR Local Rules, a party cannot disclose the substance of an Early Neutral Evaluation to a settlement judge unless the other party consents to the disclosure.
In In re Prohibition Against Disclosing ENE Communications to Settlement Judges, No. C 07-80133, 2007 WL 1514643 (N.D. Cal. May 21, 2007), the court referred an unnamed case to Early Neutral Evaluation (ENE) pursuant to the ADR Local Rules. Following the ENE session, the evaluator prepared a written evaluation concluding that the defendant was "significantly more likely than not" to prevail on plaintiff's claims... Full Story
New Jersey Federal Court Applies Utah Law in Upholding Bar on Class-Wide Proceedings
Homa v. American Express Co., No. 06-2985, 2007 WL 1585168 (D.N.J. May 31, 2007)
5/31/2007
A federal court in New Jersey honored a choice-of-law provision and applied Utah law in upholding an arbitration agreement that barred class-wide proceedings. In honoring the Utah choice-of-law provision, the Court rejected the notion that New Jersey has a fundamental public policy against the enforcement of class action waivers.
In Homa v. American Express Co., No. 06-2985, 2007 WL 1585168 (D.N.J. May 31, 2007), Homa, a credit card holder, filed a class action against American Express Company and American Express Centurion Bank (collectively, American Express), alleging that they misrepresented the terms of cash back rewards program... Full Story
Seventh Circuit Denies Enforcement of Arbitration Clause in Expired Contract
Nissan North America, Inc. v. Jim M'Lady Oldsmobile, Inc., No. 05-1786, 2007 WL 1374759 (7th Cir. May 11, 2007)
5/11/2007
The Seventh Circuit Court of Appeals upheld a district court order denying a motion to compel arbitration where the contract containing the arbitration clause had expired by its terms before the dispute arose.
In Nissan North America, Inc. v. Jim M'Lady Oldsmobile, Inc., No. 05-1786, 2007 WL 1374759 (7th Cir. May 11, 2007), Jim M'Lady Oldsmobile (JMO) sold Nissan vehicles under a dealer agreement that expired by its terms on May 1, 1999. JMO continued to sell Nissan vehicles after the dealer agreement had expired... Full Story
Arbitrator Exceeds Authority by Deciding His Own Jurisdiction
Thomas Kinkade Co. v. Kayne, No. 05-15245, 2007 WL 1544430 (9th Cir. May 24, 2007)
5/24/2007
The Court of Appeals for the Ninth Circuit affirmed the vacatur of an arbitration award on grounds that the arbitrator exceeded his authority by deciding the question of arbitrability where the parties did not delegate questions of arbitrability to the arbitrator.
In Thomas Kinkade Co. v. Kayne, No. 05-15245, 2007 WL 1544430 (9th Cir. May 24, 2007), Kayne Galleries contracted with Kinkade to sell Kinkade's artwork. David Kayne signed the contract as the president of the gallery. However, he did not sign in his personal capacity. Kinkade invoked the arbitration clause in regards to a dispute over payment... Full Story
Whether Class Treatment Is Appropriate Is Question for Arbitrator
Redman Home Builders Co. v. Lewis, No. CV-2:07-107, 2007 WL 1559932 (S.D. Ala. May 29, 2007)
5/29/2007
A federal court in Alabama held that under Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003), an arbitrator must decide if class treatment is appropriate under a contract.
In Redman Home Builders Co. v. Lewis, No. CV-2:07-107, 2007 WL 1559932 (S.D. Ala. May 29, 2007), Andrew and Mary Lewis (the Lewises) purchased a mobile home from Redman. After a dispute arose regarding the condition of the home, the Lewises filed for arbitration with the American Arbitration Association (AAA), pursuant to an arbitration agreement between the parties. Redman made many failed attempts to amend the agreement to include mediation... Full Story
Copyright Act's Provision for Attorney Fees Applies to Post-Arbitration Proceedings
Brayton Purcell LLP v. Recordon & Recordon, No. C-04-4995, 2007 WL 1462365 (N.D. Cal. May 18, 2007)
5/18/2007
A federal court in California ruled that a Copyright Act attorney fees provision applied to post-arbitration proceedings that occurred in connection with a lawsuit alleging copyright infringement.
In Brayton Purcell LLP v. Recordon & Recordon, No. C-04-4995, 2007 WL 1462365 (N.D. Cal. May 18, 2007), Brayton sued Recordon for copyright infringement. During a settlement conference, the parties agreed to submit the dispute to binding arbitration... Full Story
Participation of Out-of-State Attorney Not Grounds for Vacatur
Cartwright v. Roxbury Capital Management, LLC, No. 5:06-cv-283-Oc-10GRJ, 2007 WL 1303033 (M.D. Fla. May 03, 2007)
5/3/2007
In upholding an NASD arbitration award, a federal court in Florida refused to vacate an arbitration award because an out-of-state attorney participated in the arbitration without paying a fee required by the Florida Bar.
In Cartwright v. Roxbury Capital Management, LLC, No. 5:06-cv-283-Oc-10GRJ, 2007 WL 1303033 (M.D. Fla. May 03, 2007), Jack Cartwright obtained investment services from A.G. Edwards, an NASD member. Cartwright subsequently entered an agreement to receive investment advice from Roxbury, who was not an NASD member... Full Story
Federal Court Stays Request for Injunctive Relief Where Arbitrable Issues Predominate
Eco Water Systems, LLC v. KRIS, Inc., No. 06-3105, 2007 WL 1321851 (D. Minn. May 4, 2007)
5/4/2007
Finding that arbitrable issues were "at the heart of the dispute," a federal court in Minnesota stayed a party's request for injunctive relief pending the outcome of arbitration.
In Eco Water Systems, LLC v. KRIS, Inc., No. 06-3105, 2007 WL 1321851 (D. Minn. May 4, 2007), KRIS was the exclusive dealer of Eco Water Systems (Eco) products in central Kansas. KRIS allegedly violated a dealer agreement (the Agreement), prompting Eco to terminate the Agreement... Full Story
Applicable Rules Are Those in Effect at the Time Dispute Arises; Former NASD Member Therefore Bound to Arbitrate
In re Continental Broker-Dealer Corp., No. 04-85318-JBR, No. 807-08003-JBR, 2007 WL 1412430 (Bankr. E.D. N.Y. May 9, 2007)
5/9/2007
A New York bankruptcy court ordered a former member of the "National Association of Securities Dealers (NASD) to arbitrate its dispute with a current NASD member, because membership status is determined by the rules in effect at the time a dispute arises.
In re Continental Broker-Dealer Corp., No. 04-85318-JBR, No. 807-08003-JBR, 2007 WL 1412430 (Bankr. E.D. N.Y. May 9, 2007) involved former NASD member Continental Broker-Dealer Corp. (the "debtor" in a bankruptcy case) and current NASD member GunnAllen Financial, Inc. (GunnAllen), which debtor Continental accused of harming its business by luring away employees and customers... Full Story
State Cases
Arkansas Appeals Court Upholds Arbitration Carve-Out for Repossession Claim in Auto Finance Transaction
Hamilton v. Ford Motor Credit Co., No. CA 06-0838, 2007 WL 1490786 (Ark. Ct. App. May 23, 2007)
5/23/2007
An Arkansas Court of Appeals has upheld the enforcement of an explicit exception in an arbitration agreement for protection of security interests through a replevin action.
In Hamilton v. Ford Motor Credit Co., No. CA 06-0838, 2007 WL 1490786 (Ark. Ct. App. May 23, 2007), Hamilton had financed the purchased a new Lincoln Navigator with Ford Motor Credit, Co. (FMC). The contract contained an arbitration provision... Full Story
California Appellate Court Finds Medical Malpractice Arbitration Agreement to Be Valid and Enforceable, Rejects Claims of Unconscionability
Villar v. Mutual Protection Trust, No. B191760, 2007 WL 1519788 (Cal. Ct. App. May 25, 2007)
5/25/2007
A California Court of Appeal ordered arbitration of a dispute surrounding a doctor's termination from an organization providing insurance coverage for medical malpractice claims, rejecting unconscionability arguments based upon surprise and lack of mutuality.
In Villar v. Mutual Protection Trust, No. B191760, 2007 WL 1519788 (Cal. Ct. App. May 25, 2007), Dr. Villar had once belonged to Mutual Protection Trust (MPT), which provided medical malpractice coverage for its members. However, Villar's membership was involuntarily terminated after he was accused of medical malpractice... Full Story
Arbitration Clause Applies to Alleged Breach of Ancillary Contract
Ceradini v. IGT Services, Inc., NO. 3D06-2626, 2007 WL 1542015 (Fla. Dist. Ct. App. May 30, 2007)
5/30/2007
A Florida appellate court held that an arbitration clause in a marketing services agreement applied to a corresponding guarantee agreement. The guarantee agreement contained a jurisdiction clause that permitted the marketing company to sue the guarantor in Florida, but the Court found that this permissive clause did not trump the mandatory arbitration clause.
In Ceradini v. IGT Services, Inc., NO. 3D06-2626, 2007 WL 1542015 (Fla. Dist. Ct. App. May 30, 2007), IGT agreed to provide marketing services to Florida Entertainment. The agreement contained an arbitration clause. Later, Ceradini entered into a guarantee agreement whereby he personally guaranteed Florida Entertainment's obligations under the agreement... Full Story
Michigan Appellate Court Enforces Arbitration Agreement Despite Missing Statutory Language on Entry of Judgment
Rooyakker & Sitz, PLLC v. Plante & Moran, PLLC, No. 273173, 2007 WL 1429691 (Mich. Ct. App. May 15, 2007)
5/15/2007
Rejecting an argument that because an arbitration agreement did not expressly state that judgment must be entered in a "circuit court" it was therefore revocable; a Michigan Court of Appeals upheld the enforcement of a broadly worded agreement to arbitrate.
Rooyakker & Sitz, PLLC v. Plante & Moran, PLLC, No. 273173, 2007 WL 1429691 (Mich. Ct. App. May 15, 2007) involved a dispute between two accounting firms over client solicitation: Rooyakker & Sitz, PLLC (R&S) and Plante & Moran (P&M)... Full Story
Ohio Court Rejects Nonsignatory's Attempt to Enforce Arbitration Agreement
Corporate Floors, Inc. v. Lawrence Harris Construction, No. 88464, 2007 WL 1559515 (Ohio Ct. App. May 31, 2007)
5/31/2007
The Ohio Court of Appeals held that a company president, who signed a contract as president rather than in his individual capacity, could not enforce the contract's arbitration clause because he was not a party to the contract.
In Corporate Floors, Inc. v. Lawrence Harris Construction, No. 88464, 2007 WL 1559515 (Ohio Ct. App. May 31, 2007), Corporate Floors (CFI) sued Lawrence Harris Construction (LHC) and its president, Lawrence Harris. The suit arose from LHC's failure to make payments due under a contract... Full Story
Rare Exception Brings Consideration of Preconditions to Arbitration to Judge Rather Than Arbitrator
In re Pisces Foods, L.L.C., No. 03-06-00274-CV, 2007 WL 1518076 (Tex. App. May 24, 2007)
5/24/2007
A Texas appellate court considered whether a court or an arbitrator should decide issues involving procedural preconditions to arbitration and invoked a rare exception in holding that, in cases of undisputed fact, the court can decide whether procedural preconditions to arbitration have been met.
In In re Pisces Foods, L.L.C., No. 03-06-00274-CV, 2007 WL 1518076 (Tex. App. May 24, 2007), Carmen Jimenez, an employee of Pisces Foods (Wendy's), was hurt while working. Jimenez brought suit and Wendy's moved to compel arbitration. The trial court denied the motion. Wendy's appealed... Full Story
Texas Court Finds That Medical Power of Attorney Did Not Include Authority to Enter Arbitration Agreement
Texas Cityview Care Center, L.P. v. Fryer, Nos. 2-06-373-CV, 2-06-426-CV, 2007 WL 1502088 (Tex. App. May 24, 2007)
5/24/2007
The Texas Court of Appeals held that a daughter lacked authority to enter an arbitration agreement on her mother's behalf even though there was a Medical Power of Attorney (M-POA) authorizing the daughter to make health care decisions for her mother. In reaching its holding, the Court reasoned that the M-POA did not confer authority to make "legal" decisions.
In Texas Cityview Care Center, L.P. v. Fryer, Nos. 2-06-373-CV, 2-06-426-CV, 2007 WL 1502088 (Tex. App. May 24, 2007), Fryer and her sisters sued Texas Cityview Care Center (TCCC) for medical malpractice after the death of their mother, Frances Emmons... Full Story
ADR Legislation & Regulation
LEGISLATION
CO H 1249
SPONSOR: Primavera [D]
TITLE: Movers of Household Goods
INTRODUCED: 02/01/2007
ENACTED: 06/01/2007
DISPOSITION: Enacted
Commentary:
Creates a binding arbitration process for the resolution of disputes between a customer (shipper) and a mover. Makes the use of binding arbitration optional for the shipper. If the shipper chooses binding arbitration, requires the mover to participate in the process in good faith and to abide by the terms of the arbitrator's award. Applies to moving and accessorial services provided on or after July 1, 2007.
CO S 57
SPONSOR: Veiga [D]
TITLE: Debt Settlement Act
INTRODUCED: 01/11/2007
ENACTED: 06/01/2007
DISPOSITION: Enacted
Commentary:
ENACTING THE "DEBT SETTLEMENT SERVICES ACT: " notes that provisions to arbitrate must comply with Sec. 2 of the FAA.
CO S 216
SPONSOR: Veiga [D]
TITLE: Mortgage Loan Fraud
INTRODUCED: 03/06/2007
ENACTED: 06/01/2007
DISPOSITION: Enacted
Commentary:
The amended version of this bill removes a previous provision that would have declared arbitration clauses requiring the consumer to pay the creditor's attorney fees, or unconscionable liquidated damages clauses included in residential mortgage loan contract as "unconscionable."
CT H 7182
INTRODUCER: Joint Energy and Technology
TITLE: Certified Competitive Video Service
INTRODUCED: 02/14/2007
DISPOSITION: To Governor
Commentary:
Bill provides "In the event an issue is not resolved through this informal process, a customer may request from the [Department of Public Utilities] a confidential, nonbinding mediation with the company, and a designated member of the department staff shall serve as the mediator."
CT S 74
INTRODUCER: Crisco [D]
TITLE: Pharmacy Benefit Management Plans
INTRODUCED: 01/03/2007
LAST AMEND: 05/23/2007
DISPOSITION: To Governor
Commentary:
As introduced, bill provided that: "Each pharmacy benefits manager shall provide the following information to enrollees in its plans at the time of enrollment or at the time the contract is issued, and shall make available upon request or at least annually: ...(3) A description of the method of resolving complaints of covered persons, including a description of any arbitration procedure if complaints may be resolved through a specified arbitration agreement." A 5/23/07 amendment to the bill removed any reference to ADR.
FL S 902
COMPARE: FL H 1365, FL H 1373, FL S 2816
SIMILAR: FL H 433
AUTHOR: Judiciary Cmt
TITLE: Community Associations
INTRODUCED: 03/06/2007
DISPOSITION: To Governor
Commentary:
Makes adjustments to mediation provisions governing disputes over homeowners' associations.
FL S 2498
COMPARE: FL H 1267, FL H 1307, FL H 7077, FL S 1742, FL S 1866, FL S 2894
AUTHOR: Banking and Insurance Cmt
TITLE: Citizens Property Insurance Corporation
INTRODUCED: 03/20/2007
DISPOSITION: To Governor
Commentary:
Amends pre existing law stating: "The corporation shall provide a process for neutral arbitration of any dispute between the [Citizens Property Insurance] Corporation and the insurer regarding the terms of the contract. The corporation shall review and monitor the performance of insurers under these contracts."
GA H 227
AUTHOR: Lewis [R]
TITLE: Consumer Choice for Television Act
INTRODUCED: 01/31/2007
ENACTED: 05/30/2007
DISPOSITION: Enacted
Commentary:
Calls for rulemaking that would "include a requirement that the cable service provider or video service provider participate in mandatory nonbinding mediation with the affected local governing authority and the subscriber if the issue cannot be resolved between the cable service provider or video service provider and the subscriber."
GA H 369
AUTHOR: Rice [R]
TITLE: Child Custody Proceedings
INTRODUCED: 02/10/2007
ENACTED: 05/29/2007
DISPOSITION: Enacted
Commentary:
The bill makes it expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan.
GA S 200
AUTHOR: Grant [R]
TITLE: Infrastructure Districts and Water Resources
INTRODUCED: 02/21/2007
ENACTED: 05/30/2007
DISPOSITION: Enacted
Commentary:
Amending an act relating to local government. Requires mediation of certain water district disputes relating to regional impact.
ME H 508
LD: 659
AUTHOR: Wagner R [D]
TITLE: Landlord and Tenant Mediation
INTRODUCED: 02/08/2007
ENACTED: 06/07/2007
DISPOSITION: Enacted
Commentary:
A bill requiring mediation prior to a trial of landlord tenant forcible entry and detainer cases. The Court Alternative Dispute Resolution Service is required to provide the mediators for the mediations. The Supreme Judicial Court is required to adopt rules for fees and of procedure for landlord tenant mediation.
ME S 516
LD: 1489
AUTHOR: Bowman [D]
TITLE: Arbitration in Credit and Loans
INTRODUCED: 03/20/2007
ENACTED: 06/07/2007
DISPOSITION: Enacted
Commentary:
Relates to consumer arbitration; places reporting requirements on "arbitration service providers" to the state. Except for the name of the provider (arbitration administrator) and of individual arbitrators, the information reported to the administrator (Director of the Office of Consumer Credit Regulation) by a provider related to each consumer arbitration is confidential and may not be disclosed by the administrator unless the information is disclosed in aggregate form.
NH H 782
AUTHOR: DeStefano [D]
TITLE: Reinsurance Intermediaries
INTRODUCED: 02/06/2007
DISPOSITION: To Governor
Commentary:
Reinsurance clarifications; centers on rules regarding production of non privileged documents, and rules relating to discovery disputes in court or arbitration.
NH H 921
AUTHOR: McLeod [D]
TITLE: Insurance Laws
INTRODUCED: 02/15/2007
DISPOSITION: To Governor
Commentary:
Makes various technical changes to the insurance laws; strikes sentence which required companies to remind customers that ADR avenues might be open to them, and instructing them on how to find out more information.
NH S 243
AUTHOR: D'Allesandro [D]
TITLE: Home Contractors
INTRODUCED: 02/15/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
In residential contracting agreements: “Any contract entered into between a contractor and owner may provide that the contractor may initiate alternative dispute resolution through any mediation or arbitration services approved by the board, provided that the alternative dispute resolution provision is clearly and conspicuously disclosed in the contract. Any contract that includes a mediation arbitration provision shall also authorize the parties to opt out of the mediation or arbitration provision and to seek a remedy in a court of competent jurisdiction.”
NV A 393
AUTHOR: Buckley [D]
TITLE: Repair of Motor Vehicles
INTRODUCED: 03/16/2007
DISPOSITION: To Governor
Commentary:
Makes various changes relating to the repair of motor vehicles. Removes references to arbitration of disputes arising under the statute.
NV A 585
AUTHOR: Taxation Cmt
TITLE: Public Financial Administration Provision Changes
INTRODUCED: 03/26/2007
DISPOSITION: To Governor
Commentary:
Amending an act related to public financial administration. Revisions include: sending dispute over who is entitled to overpayments of taxes on real or personal property to mediation.
OK H 1580
AUTHOR: Peters [R]
TITLE: Companion and Sitter Services
INTRODUCED: 02/05/2007
ENACTED: 06/04/2007
DISPOSITION: Enacted
Commentary:
Relates to public health and safety (enacted): "The State Board of Health shall promulgate rules necessary for the investigation and hearing of complaints regarding a companion or sitter service. The rules shall include provisions for a review process to be presided over by a mediator or arbitrator, acceptable to all parties, and who is not an employee of the State Department of Health."
OK H 1589
AUTHOR: Jones [R]
TITLE: Charter School Act
INTRODUCED: 02/05/2007
ENACTED: 06/04/2007
DISPOSITION: Enacted
Commentary:
Relates to the Oklahoma Charter Schools Act; if a board of education proposed sponsor rejects the revised application for a charter school, the applicant may proceed to mediation or binding arbitration or both mediation and binding arbitration as provided in the Dispute Resolution Act.
OR H 2112
AUTHOR: Minnis [R]
TITLE: Construction Contractor Insurance
INTRODUCED: 01/08/2007
LAST AMEND: 06/04/2007
DISPOSITION: Pending
LOCATION: Concurrence
Commentary:
Bill had previously required construction contractor to include in its standard contracts, "an explanation of the property owner's rights under the contract, including, but not limited to, the ability to file a claim with the board and the existence of any mediation or arbitration provision in the contract, set forth in a conspicuous manner as defined by the board by rule..." A 6/4/07 amendment to the bill removed all references to ADR, and instead prohibits person licensed or required to be licensed by Construction Contractors Board from installing barrier-type insulation and finish system on a new residential dwelling.
OR H 2244
AUTHOR: Minnis [R]
TITLE: Permanent Partial Disability Awards
INTRODUCED: 01/09/2007
ENACTED: 06/01/2007
DISPOSITION: Enacted
Commentary:
Requires the Department of Consumer and Business Services to develop a plan to eliminate the sunset of provisions related to permanent partial disability awards in workers' compensation claims. Allows, and specifies parameters, for voluntary arbitration/ mediation of disputes over payments.
OR S 484
AUTHOR: Commerce Cmt
TITLE: Unlawful Trade Practices
INTRODUCED: 02/05/2007
LAST AMEND: 06/05/2007
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
The June 6, 2007 amended bill allows a consumer to revoke a provision of a contract that requires the consumer to assert an arbitration claim against another party to a contract in a forum that is not in Oregon. The effect of a revocation of a clause requiring arbitration in another state is that the proceeding that requires or allows attendance by consumer must be conducted in Oregon.
PA S 100
PN: 1037
AUTHOR: Tomlinson [R]
TITLE: Home Improvement Regulation
INTRODUCED: 03/02/2007
LAST AMEND: 05/21/2007
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
Providing for the regulation of home improvement contracts (HIC). Provides: "(d) Arbitration clause. Nothing in this act shall preclude the court from setting aside an arbitration clause on any basis permitted under Pennsylvania law. If the contract contains an arbitration clause, it shall meet the following requirements or be deemed void by the court upon motion of either party, filed prior to the commencement of arbitration:
(1) The text of the clause must be in capital letters; (2) The text shall be printed in 12 point boldface type and the arbitration clause must appear on a separate page from the rest of the contract; (3) The clause shall contain a separate line for each of the parties to indicate their assent to be bound thereby; (4) The clause shall not be effective unless both parties have assented as evidenced by signature and date, which shall be the date on which the contract was executed; (5) The clause shall state clearly whether the decision of the arbitration is binding on the parties or may be appealed to the court of common pleas; (6) The clause shall state whether the facts of the dispute, related documents and the decision are confidential." This bill has just joined identical HB 507 for consideration in the House.
RI H 5275
AUTHOR: Ucci [D]
TITLE: Fair Dealership Act
INTRODUCED: 02/01/2007
DISPOSITION: To Governor
Commentary:
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.
RI S 540
AUTHOR: Maselli [D]
TITLE: Commercial Law
INTRODUCED: 02/15/2007
DISPOSITION: To Governor
Commentary:
The "Rhode Island Fair Dealership Act" would provide protection for dealership owners within this state from the superior economic power of dealership grantors. "This chapter shall not apply to provisions for the binding arbitration of disputes contained in a dealership agreement, if the criteria for determining whether good cause existed for a termination, cancellation, nonrenewal or substantial change of competitive circumstances, and the relief provided is no less than that
provided for in this chapter."
US H 2497
SPONSOR: Cooper [D]
TITLE: Medical Justice System
INTRODUCED: 05/24/2007
DISPOSITION: Pending
LOCATION: House Energy and Commerce Committee
Commentary:
Health court bill. A bill to restore fairness and reliability to the medical justice system and promote patient safety by fostering alternatives to current medical tort litigation, and for other purposes.
VT H 531
AUTHOR: Health Care Cmt
TITLE: Catamount Health
INTRODUCED: 03/21/2007
ENACTED: 06/05/2007
DISPOSITION: Enacted
Commentary:
This bill would establish outreach and enrollment principles for Catamount Health and state benefit programs. The rules relating to negotiations shall include a nonbinding arbitration process to assist in the resolution of disputes between the commissioner and health care provider bargaining groups.
REGULATION
WA 07-12-057
AGENCY: Office of Insurance Commissioner
TITLE: Health Care Liability Reform
PROPOSED: 03/15/2006
ADOPTED: 06/04/2007
CITATION:
WAC 284-24D-010 thru -260 et seq, -24E-010, -020, -030, -040, -050, -060, -063, -070, -080, -090, -100, -110, -120, -130, -140, -150
Commentary:
Creates reporting rules for medical malpractice closed claim data reporting, including whether a claim was settled by arbitration or mediation.
WA 07-12-056
AGENCY: Office of Insurance Commissioner
TITLE: Market Conduct Oversight
PROPOSED: 04/18/2007
CITATION:
WAC 284-37-010, -020, -030, -040, -050, -060
Commentary:
Regarding market conduct oversight activities. Sec. 14(3) of ESSB 5717 requires the adoption of a rule establishing a mediation process for market conduct oversight activities.
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