Federal Cases

• Operator of Virtual World "Second Life" Must Resolve Real World Dispute in Court
• Exception for Foreclosure Proceedings Does Not Render Arbitration Agreement Unconscionable Under Pennsylvania Law
• Fifth Circuit Holds That Arbitrator Must Decide Whether Party Lost Right to Arbitrate by Breaching Arbitration Agreement
• Eleventh Circuit: No Industry Specific Exemptions to International Arbitration Treaty
• Applying California "Sliding Scale" Approach, Federal Court Finds Bank "Signature Card" Arbitration Agreement Unconscionable, Unenforceable
• Federal Court Is Improper Venue When Parties Agree to Arbitrate Disputes
• Federal Court in Michigan Finds No Basis to Vacate Arbitration Award Where Perjury and Fraud Alleged at Hearing
• Federal Court Compels Arbitration Despite Allegations of Non-Arbitrability and Prejudice to Non-Moving Party
• Court Remands Order Denying Attorney Fees for Findings of Fact

State Cases

• Colorado Supreme Court Rejects "Intertwining Doctrine" As Basis for Denying Arbitration
• California Law Does Not Allow Parties to Challenge Arbitration Awards Beyond the Statutory Deadline
• Alabama Supreme Court Finds Non-Signatory Spouse's "Loss of Consortium" Claim Subject to Signing Spouse's Arbitration Agreement
• Arbitrator Did Not Exceed His Powers by Deciding Claim Within the Arbitration Agreement's Scope Even After the Agreement Was Terminated
• Hollywood Actor's Son Not Bound by Actor's Arbitration Agreement with Talent Agency
• Arbitration Agreement for Nonexistent Transaction Is Inapplicable
• Standard Choice-of-Law Provision Does Not Preclude FAA's Application
• Texas Appeals Court Finds Conduct Implied an Agreement to Arbitrate Construction Dispute
• Texas Appeals Court Okays Parties' FAA Election Even with No Showing of Affect on Interstate Commerce
• Virginia Supreme Court: Violation of Public Policy Not Grounds for Vacatur
• Washington Supreme Court: Judge May Decide Offsets When Confirming Arbitration Award

Federal Cases

Operator of Virtual World "Second Life" Must Resolve Real World Dispute in Court
Bragg v. Linden Research, Inc., No. CIV-A-06-4925 2007 WL 1549013 (E.D. Pa. May 30, 2007)
5/30/2007

A federal court in Pennsylvania has ruled that an arbitration agreement between the operator of a virtual world and its participant was unconscionable because the agreement lacked mutuality, imposed unfair costs, and contained a burdensome venue provision. Accordingly, the Court denied the operator's motion to compel arbitration.

In Bragg v. Linden Research, Inc., No. CIV-A-06-4925 2007 WL 1549013 (E.D. Pa. May 30, 2007), Bragg, an attorney, participated in "Second Life," which is a multiplayer role playing game set in a virtual world. Second Life participants may buy, own, and sell virtual goods. Transactions are accomplished through the exchange of a virtual currency (called "lindens") that may be purchased with U.S. dollars...  Full Story

Exception for Foreclosure Proceedings Does Not Render Arbitration Agreement Unconscionable Under Pennsylvania Law
Salley v. Option One Mortgage Corp., No. 50-EAP-2005, 2007 WL 1583359 (Pa. May 31, 2007)
5/31/2007

In answering a question certified by the Third Circuit, the Pennsylvania Supreme Court held that an exception for foreclosure proceedings in an arbitration agreement between a mortgage lender and homeowner did not create a presumption of unconscionability. Since the Court’s reasoning was based on the unique nature of foreclosure proceedings, this decision should not be misconstrued as an endorsement of any other carve-outs or exceptions.

In Salley v. Option One Mortgage Corp., No. 50-EAP-2005, 2007 WL 1583359 (Pa. May 31, 2007), Salley, a low-income homeowner, obtained a residential mortgage loan from Option One, a sub-prime lender. As part of the loan transaction, Salley and Option One entered into an arbitration agreement that required arbitration of all disputes except for foreclosure proceedings and the exercise of self-help remedies...  Full Story

Fifth Circuit Holds That Arbitrator Must Decide Whether Party Lost Right to Arbitrate by Breaching Arbitration Agreement
Pleasant v. Houston Works USA, No. 06-20824, 2007 WL 1648794 (5th Cir. June 7, 2007)
6/7/2007

In affirming an order compelling arbitration of an employment dispute, the Fifth Circuit Court of Appeals held that the arbitrator must decide whether the employer lost its right to demand arbitration by breaching its obligations under the initial step of the dispute resolution procedure.

In Pleasant v. Houston Works USA, No. 06-20824, 2007 WL 1648794 (5th Cir. June 7, 2007), Pleasant worked for Houston Works, which maintained an employee dispute resolution program (EDR) consisting of a two-step process: (1) an "open door" process whereby the parties attempt to resolve the dispute through informal discussions; and (2) mandatory arbitration...  Full Story

Eleventh Circuit: No Industry Specific Exemptions to International Arbitration Treaty
Lobo v. Celebrity Cruises, Inc., No. 06-12468, 2007 WL 1628073, (11th Cir. June 7, 2007)
6/7/2007

In affirming a federal district court's ruling compelling arbitration, the Eleventh Circuit Court of Appeals held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards supersedes the Seamen's Wage Act.

In Lobo v. Celebrity Cruises, Inc., No. 06-12468, 2007 WL 1628073, (11th Cir. June 7, 2007), Lobo, a stateroom attendant, sued Celebrity for unpaid wages pursuant to the Seamen's Wage Act. Celebrity moved to dismiss and compel arbitration pursuant to the employment contract's arbitration agreement...  Full Story

Applying California "Sliding Scale" Approach, Federal Court Finds Bank "Signature Card" Arbitration Agreement Unconscionable, Unenforceable
Geoffroy v. Washington Mutual Bank, No. 06 CV 1732 BEN (WMC), 2007 WL 1334375 (S.D. Cal. May 3, 2007)
5/3/2007

Finding the use of a bank "signature card" that contained a difficult-to-read arbitration agreement both procedurally and substantively unconscionable, a Federal District Court in California refused to enforce the agreement.

In Geoffroy v. Washington Mutual Bank, No. 06 CV 1732 BEN (WMC), 2007 WL 1334375 (S.D. Cal. May 3, 2007), Geoffroy opened a consumer checking account with Washington Mutual Bank (WAMU), deposited an $80,000 inheritance, and departed for a three-month vacation...  Full Story

Federal Court Is Improper Venue When Parties Agree to Arbitrate Disputes
CPL, Inc. v. Fragchem, Corp., No. 06 C 1352, 2007 WL 869483 (N.D. Ill. Mar. 19, 2007)
3/19/2007

A federal court in Illinois dismissed a party's claim for improper venue because the parties' contract contained an arbitration clause.

In CPL, Inc. v. Fragchem, Corp., No. 06 C 1352, 2007 WL 869483 (N.D. Ill. Mar. 19, 2007), Fragchem and Cadila, wholly owned subsidiary of CPL, entered into an agreement regarding the manufacture and provision of certain chemical compounds...  Full Story

Federal Court in Michigan Finds No Basis to Vacate Arbitration Award Where Perjury and Fraud Alleged at Hearing
The Coffee Beanery Ltd. v. WW L.L.C., No. 06-10408, 2007 WL 1500533 (E.D. Mich. May 23, 2007)
5/23/2007

A Federal District Court in Michigan refused to vacate an arbitration award in a franchise agreement dispute involving allegations that one of the parties committed perjury at the arbitration hearing.

In The Coffee Beanery Ltd. v. WW L.L.C., No. 06-10408, 2007 WL 1500533 (E.D. Mich. May 23, 2007), franchisee WW L.L.C. (WW) entered into an agreement with franchisor The Coffee Beanery Ltd. (Coffee Beanery) to own an operate one of Coffee Beanery's coffee cafes...  Full Story

Federal Court Compels Arbitration Despite Allegations of Non-Arbitrability and Prejudice to Non-Moving Party
Century Indem. Co. v. Clearwater Ins. Co., No. 06 CIV 0424 SAS, 2007 WL 1599157 (S.D. N.Y. Jun. 04, 2007)
6/4/2007

A federal court in New York compelled arbitration over a party's objection that the right to arbitrate had been waived, and found that the dispute was within the scope of the arbitration agreement even under the narrow construction advocated by the opposing party.

In Century Indem. Co. v. Clearwater Ins. Co., No. 06 CIV 0424 SAS, 2007 WL 1599157 (S.D. N.Y. Jun. 04, 2007), Clearwater had issued a reinsurance certificate (the Certificate) to Century in the early 1970's. The Certificate contained an arbitration agreement stating, "Should an irreconcilable difference of opinion arise as to the interpretation of this Contract ... such difference shall be submitted to arbitration"...  Full Story

Court Remands Order Denying Attorney Fees for Findings of Fact
Gratech Company, Ltd. v. Wold Engineering, P.C., No. 20060272, 2007 WL 896059 (N.D. Mar. 27, 2007)
3/27/2007

The North Dakota Supreme Court remanded a district court's order denying attorney fees to a party prevailing in a motion to vacate an arbitration award, noting that it could not review the order for abuse of discretion unless the court issued findings of fact.

In Gratech Company, Ltd. v. Wold Engineering, P.C., No. 20060272, 2007 WL 896059 (N.D. Mar. 27, 2007), Gratech entered into a contract with the North Dakota Department of Transportation (NDDOT) for work on a U.S. Highway. In addition, Wold entered into a subcontract with NDDOT for the same project...  Full Story

State Cases

Colorado Supreme Court Rejects "Intertwining Doctrine" As Basis for Denying Arbitration
Ingold v. AIMCO/Bluffs, L.L.C. Apartments, No. 06SA240, 2007 WL 1532155 (Colo. May 29, 2007)
5/29/2007

In upholding an order compelling arbitration, the Colorado Supreme Court overruled its precedent and rejected the "intertwining doctrine" as a basis for refusing to enforce a valid arbitration agreement. The Court rejected the doctrine because it "unreasonably interferes" with a party's right to arbitration.

In Ingold v. AIMCO/Bluffs, L.L.C. Apartments, No. 06SA240, 2007 WL 1532155 (Colo. May 29, 2007), the Ingolds leased an apartment from Boulder Creek Apartments (BCA). The Ingolds vacated the apartment before the lease expired, allegedly because they were suffering health problems from mold exposure. BCA retained the Ingolds' security deposit...  Full Story

California Law Does Not Allow Parties to Challenge Arbitration Awards Beyond the Statutory Deadline
Eternity Investments, Inc. v. Brown, No. B190711, 2007 WL 1545698 (Cal. Ct. App. May 30, 2007)
5/30/2007

The California Court of Appeals upheld confirmation of an arbitration award where the losing party failed to challenge the award within the 100-day deadline imposed by the California Arbitration Act. As the Court pointed out, California practitioners have been advised to delay confirmation proceedings until after this deadline has passed in order to foreclose any challenge to the award.

In Eternity Investments, Inc. v. Brown, No. B190711, 2007 WL 1545698 (Cal. Ct. App. May 30, 2007), the Browns hired Eternity Investments (Eternity) to remodel their kitchen. The contract contained an arbitration clause, so when the Browns withheld payment, the parties submitted the dispute to arbitration...  Full Story

Alabama Supreme Court Finds Non-Signatory Spouse's "Loss of Consortium" Claim Subject to Signing Spouse's Arbitration Agreement
Ritter v. Grady Automotive Group, Inc., No. 1051362, 2007 WL 1454458 (Ala. May 18, 2007)
5/18/2007

Because his "loss of consortium" claim was based upon the same alleged breach of duties that his wife claimed led to her own injuries, the Alabama Supreme Court has ruled that the husband is bound by the terms of the arbitration agreement signed by his wife.

In Ritter v. Grady Automotive Group, Inc., No. 1051362, 2007 WL 1454458 (Ala. May 18, 2007), Jennifer Ritter bought a new 2003 BMW 745Li from Grady Automotive Group, Inc. (Grady). As part of the purchase process, she signed an arbitration agreement. Her husband, Daryl, did not accompany her to the dealership, and signed no papers...  Full Story

Arbitrator Did Not Exceed His Powers by Deciding Claim Within the Arbitration Agreement's Scope Even After the Agreement Was Terminated
Exatron, Inc. v. DiFrancesco, No. H030262, 2007 WL 1567637 (Cal. Ct. App. May 31, 2007)
5/31/2007

A California appellate court held that an arbitrator did not exceed his powers when he resolved a dispute that was clearly within the arbitration agreement's scope.

In Exatron, Inc. v. DiFrancesco, No. H030262, 2007 WL 1567637 (Cal. Ct. App. May 31, 2007), DiFrancesco and Exatron entered into a licensing agreement. A dispute arose over royalty payments and DiFrancesco terminated Exatron's license. In response, Exatron submitted an arbitration claim against DiFrancesco...  Full Story

Hollywood Actor's Son Not Bound by Actor's Arbitration Agreement with Talent Agency
Matthau v. Superior Court, No. B194637, 2007 WL 1532347 (Cal. Ct. App. May 29, 2007)
5/29/2007

The California Court of Appeal has ruled that the son of a deceased Hollywood actor was not bound by his father's arbitration agreement because the son was neither a signatory to the agreement nor a third party beneficiary and because there was no agency relationship.

In Matthau v. Superior Court, No. B194637, 2007 WL 1532347 (Cal. Ct. App. May 29, 2007), four years after the death of Hollywood legend Walter Matthau (Walter), his son Charles Matthau (Charles) stopped paying annual commissions on profits from his father's acting career to his father's talent agent, the William Morris Agency (William Morris)...  Full Story

Arbitration Agreement for Nonexistent Transaction Is Inapplicable
Easterling v. Royal Manufactured Housing, LLC, No. 07-136, 2007 WL 1611138 (La. Ct. App. June 6, 2007)
6/6/2007

In affirming a motion denying arbitration, a Louisiana appellate court held that an arbitration agreement referencing a nonexistent document and transaction is inapplicable to a transaction not referenced by the agreement.

In Easterling v. Royal Manufactured Housing, LLC, No. 07-136, 2007 WL 1611138 (La. Ct. App. June 6, 2007), the Easterlings purchased a manufactured home from Royal. After the Easterling family moved into the home, various defects emerged, such as water leaks and condensation on the interior walls. These defects caused toxic mold to grow. Consequently, the Easterlings filed suit against Royal...  Full Story

Standard Choice-of-Law Provision Does Not Preclude FAA's Application
Glenn J. Deadman, P.C. v. SBC, Nos. 04-06-00646-CV, 2007 WL 1200108 (Tex. App. April 25, 2007)
4/25/2007

In denying review of an order compelling arbitration, the Texas Court of Appeals ruled that a Texas choice-of-law provision in the underlying contract did not preclude application of the Federal Arbitration Act (FAA) because there was no provision expressly precluding application of the FAA.

In Glenn J. Deadman, P.C. v. SBC, Nos. 04-06-00646-CV, 2007 WL 1200108 (Tex. App. April 25, 2007), the law firm of Glenn J. Deadman (GJD) bought telecommunications services from SBC. When GJD sued SBC for fraud and breach of contract, SBC filed a motion to compel arbitration pursuant to an arbitration clause in the service contract. The trial court granted the motion...  Full Story

Texas Appeals Court Finds Conduct Implied an Agreement to Arbitrate Construction Dispute
P. McGregor Enterprises, Inc. v. Denman Building Products, Ltd., No. 07-05-0385-CV, 2007 WL 1201545 (Tex. App. Apr. 24, 2007)
4/24/2007

A Texas Court of Appeals has ruled that the conduct of a party involved in a construction dispute effectively implied an agreement to arbitrate, even though that party had not signed any agreement so to do.

In P. McGregor Enterprises, Inc. v. Denman Building Products, Ltd., No. 07-05-0385-CV, 2007 WL 1201545 (Tex. App. Apr. 24, 2007), P. McGregor Enterprises, Inc. (PME) had contracted with Denman Building Products, Ltd. (Denman) to provide a substantial portion of materials and labor for a hotel construction project. The hotel was built for Inn II, which was controlled by Angela McGregor, wife of PME owner, Paul...  Full Story

Texas Appeals Court Okays Parties' FAA Election Even with No Showing of Affect on Interstate Commerce
Teel v. Beldon Roofing & Remodeling Co., No. 04-06-00231-CV, 2007 WL 1200070 (Tex. App. Apr. 25, 2007)
4/25/2007

A Texas Appellate Court held that where there is an express agreement to arbitrate under the Federal Arbitration Act (FAA), such a choice-of-law provision is valid and enforceable even if the dispute does not involve interstate commerce.

In Teel v. Beldon Roofing & Remodeling Co., No. 04-06-00231-CV, 2007 WL 1200070 (Tex. App. Apr. 25, 2007), Teel sued Beldon Roofing & Remodeling (Beldon), alleging that Beldon's failure to properly complete roof repairs led to mold in her home. Beldon sought, and was granted arbitration, and the trial court eventually confirmed an arbitration award of nearly $30,000 for Teel...  Full Story

Virginia Supreme Court: Violation of Public Policy Not Grounds for Vacatur
BBF, Inc. v. Alstom Power, Inc., No 061317, 2007 WL 1651208 (Va. June 8, 2007)
6/8/2007

In upholding a trial court's decision to confirm a commercial arbitration award, the Virginia Supreme Court held that Virginia statutory law does not permit a court to vacate an arbitration award for violating public policy.

In BBF, Inc. v. Alstom Power, Inc., No 061317, 2007 WL 1651208 (Va. June 8, 2007), Alstom contracted with BBF to provide air-cooled condensers for a power plant Alstom was going to construct. Various disputes arose, which the parties submitted to arbitration. The arbitrator awarded BBF $2,738,178, which included liquidated damages...  Full Story

Washington Supreme Court: Judge May Decide Offsets When Confirming Arbitration Award
Sherry v. Financial Indem. Co., No. 78667-4, 2007 WL 1631437 (Wash. June 7, 2007)
6/7/2007

In a case where both parties had waived objections to the trial court deciding an offset, the Washington Supreme Court held that a judge has the power to concomitantly confirm an arbitration award and decide any applicable offsets.

In Sherry v. Financial Indem. Co., No. 78667-4, 2007 WL 1631437 (Wash. June 7, 2007), Sherry was struck by a car driven by an uninsured motorist. Sherry had uninsured motorist coverage through Financial Indemnity Company (FIC). Sherry and FIC disagreed over the benefit amount owed to Sherry and submitted their dispute to arbitration. The arbitrator awarded Sherry $42,938.38...  Full Story

ADR Legislation & Regulation

LEGISLATION

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
LAST AMEND: 05/03/2007
ENACTED: 06/01/2007
DISPOSITION: Enacted
LOCATION: Chaptered
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 clause included in residential mortgage loan contract as "unconscionable."

DE S 124
PRIMARY SPONSOR: Still [R]
TITLE: Insurance Market Conduct Surveillance
INTRODUCED: 06/08/2007
DISPOSITION: Pending
LOCATION: Senate Insurance and Elections Committee
Commentary:
Creating a Market Conduct Surveillance Chapter to identify and correct problems within the insurance industry. Establishing and utilizing a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination fees.

FL S 978
SIMILAR: FL H 1351
AUTHOR: Aronberg [D]
TITLE: Court Ordered Nonbinding Arbitration
INTRODUCED: 03/06/2007
DISPOSITION: To Governor
Commentary:
Amends rules relating to court-ordered non-binding arbitration. The statute also provides for the awarding of costs and attorney fees if a party challenging an arbitrator's decision in court does not fare at least 25% better in court than it did in arbitration.

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: Enacted
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."

ME H 1005
LD: 1431
AUTHOR: Valentino [D]
TITLE: Solid Waste Disposal Facility
INTRODUCED: 03/15/2007
DISPOSITION: Pending
LOCATION: Concurrence
Commentary:
Expanding on the provisions of the bill that deal with host community agreements. Requires solid waste disposal facilities and incineration facilities to have in place host community agreements and directs the Commissioner of Environmental Protection to establish a mediation process to hear and review disputes concerning host community agreements. Expansion includes an outline of the mediation and arbitration process. Applies AAA rules for the conduct of commercial arbitration proceedings.

ME H 1337
LD: 1903
AUTHOR: Koffman [D]
TITLE: Mold in Buildings
INTRODUCED: 05/09/2007
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
This bill would regulate mold in buildings. As it relates to alternative dispute resolution, the bill establishes a mandatory mediation program for mold or excess moisture disputes between tenants and landlords to be administered by the Court Alternative Dispute Resolution Service.

NC H 1519
AUTHOR: Glazier [D]
TITLE: School Funding Mediation Law
INTRODUCED: 04/17/2007
DISPOSITION: To Governor
Commentary:
Modifies the law pertaining to the resolution of disputes between the Board of Education and the Board of County Commissioners regarding school funding.

NJ A 4333
SPONSOR: Greenstein [D]
TITLE: State Agencies
INTRODUCED: 06/11/2007
DISPOSITION: Pending
LOCATION: ASSEMBLY
Commentary:
Requires policy on use of alternative dispute resolution for State agencies; expands duties of Dispute Settlement Office of Department of Public Advocate.

NJ S 2816
SPONSOR: Vitale [D]
TITLE: Alternative Dispute Resolution
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
Requires policy on use of alternative dispute resolution for State agencies; expands duties of Dispute Settlement Office of Department of Public Advocate.

NV A 431
AUTHOR: Horne [D]
TITLE: Condominium Hotel Provisions
INTRODUCED: 03/19/2007
ENACTED: 06/14/2007
DISPOSITION: Enacted
Commentary:
Establishes provisions governing condominium hotels. Provides for mediation, binding and non binding arbitration of certain disputes arising under the statute.

NV A 585
AUTHOR: Taxation Cmt
TITLE: Public Financial Administration Provision Changes
INTRODUCED: 03/26/2007
ENACTED: 06/14/2007
DISPOSITION: Enacted
Commentary:
Amending an act related to public financial administration. Revisions include: sending dispute over who is entitled to excess funds to mediation.

NV S 412
AUTHOR: Heck [R]
TITLE: Health Care Changes
INTRODUCED: 03/19/2007
ENACTED: 06/14/2007
DISPOSITION: Enacted
Commentary:
Enacts the Multistate Nurse Licensure Compact, which allows for arbitration between party states.

NY A 9087
SPONSOR: Lentol [D]
TITLE: New York State Public Defense Commission
INTRODUCED: 06/12/2007
DISPOSITION: Pending
LOCATION: Assembly Judiciary Committee
Commentary:
Establishing the New York state public defense commission. Section 7. General powers of the commission. The commission shall have power: 1. to sue and be sued, and to participate in actions and proceedings, whether judicial, administrative, arbitrative or otherwise.

NY S 3804
SAME AS: NY A 7591
SPONSOR: Leibell [R]
TITLE: Health Care Provider Protections
INTRODUCED: 03/16/2007
LAST AMEND: 06/11/2007
DISPOSITION: Pending
LOCATION: Senate Insurance Committee
Commentary:
Provides for certain protections for health care providers under managed care contracts. Amended on 6-11-07 to state, "THE SUPERINTENDENT SHALL ESTABLISH AN INDEPENDENT DISPUTE RESOLUTION REVIEW BOARD WITHIN OR UNDER THE AUSPICES OF THE DEPARTMENT AUTHORIZED TO HEAR AND RESOLVE INSURER-PHYSICIAN BILLING DISPUTES BROUGHT BY EITHER THE INSURER OR THE PHYSICIAN. THE SUPERINTENDENT SHALL ESTABLISH A CASE ADMINISTRATION FEE TO COVER THE COST INCURRED BY THE DISPUTE REVIEW BOARD (INCLUDING EXPERT ICD-9-CM/CPT CODING CONSULTANTS) IN REVIEWING AND DECIDING A BILLING DISPUTE. THIS FEE IS TO BE BORNE BY THE PARTY WHO LOSES THE DISPUTE DECISION."

OK S 738
AUTHOR: Morgan [D]
TITLE: Long Term Care and Home Services
INTRODUCED: 02/05/2007
ENACTED: 06/04/2007
DISPOSITION: Enacted
Commentary:
Authorizes residents of an assisted living center to receive home care services and intermittent, periodic, or recurrent nursing care through a home care agency under the Home Care Act or hospice home services under the Hospice Licensing Act; provides for voluntary "informal" ADR methods to help resolve disputes.

OR H 2654
AUTHOR: Consumer Protection Cmt
TITLE: Construction Contractors Whom Maintain Insurance
INTRODUCED: 02/13/2007
DISPOSITION: To Governor
Commentary:
Requires construction contractor to maintain insurance that provides contractor with liability coverage for completed work. Provides for "conspicuous" and clear explanation of arb/med clauses; clarifies that court confirmation makes an arbitration award "final."

OR S 192
AUTHOR: Courtney [D]
TITLE: Building Trades
INTRODUCED: 01/11/2007
ENACTED: 06/07/2007
DISPOSITION: Enacted
Commentary:
Allows the Director of the Department of Consumer and Business Services or the advisory board to issue a suspension without prior notice or hearing pending an investigation of a possible violation of building trade laws, including provisions set forth in the state building code; requires post suspension notice and provides an opportunity for post suspension hearing; allows for suspension/revocation of license if company is ordered to pay damages in court or arbitration for construction related work.

OR S 198
AUTHOR: Courtney [D]
TITLE: Academic Degrees
INTRODUCED: 01/11/2007
ENACTED: 06/11/2007
DISPOSITION: Enacted
Commentary:
Amending act relating to academic degrees. Mediation mention unaffected; required arbitration of disputes deleted.

OR S 255
AUTHOR: Courtney [D]
TITLE: Personal Injury Protection Benefits Reimbursement
INTRODUCED: 01/12/2007
ENACTED: 06/11/2007
DISPOSITION: Enacted
Commentary:
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.

OR S 256
AUTHOR: Courtney [D]
TITLE: Motor Vehicle Liability Insurance
INTRODUCED: 01/12/2007
ENACTED: 06/11/2007
DISPOSITION: Enacted
Commentary:
Relating to arbitration of motor vehicle liability disputes; creating new provisions; and amending ORS 742.504, 742.520 and 742.522. Amends the rules governing vehicle liability arbitration in Oregon. The system does not provide for a sole administrator of arbitrations, but rather leaves the selection of arbitrators up to the parties.

US H 2626
SPONSOR: Price T [R]
TITLE: To Provide For Incentives To Encourage Health Ins
INTRODUCED: 06/07/2007
DISPOSITION: Pending
LOCATION: Multiple Committees
Commentary:
An act to provide for incentives to encourage health insurance coverage, and for other purposes. Includes arbitration and mediation mention: (b) Applicability The limitations in this section shall apply whether the recovery is by judgment, settlement, mediation, arbitration, or any other form of alternative dispute resolution.

US H 2701
SPONSOR: Oberstar [DFL]
TITLE: Energy Security
INTRODUCED: 06/13/2007
DISPOSITION: Pending
LOCATION: House Transportation & Infrastructure Committee
Commentary:
An act to strengthen our Nation's energy security and mitigate the effects of climate change by promoting energy efficient transportation and public buildings, creating incentives for the use of alternative fuel vehicles and renewable energy, and ensuring sound water resource and natural disaster preparedness planning, and for other purposes. Two sections provide for permissive non binding adjudication including mediation and arbitration after a reasonable period of negotiation. The public transportation authority or rail carrier may only request binding adjudication if the authority and the carrier have engaged in nonbinding mediation with respect to the trackage and related services by the Board in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations. See Sec. 28502 AND Sec. 28503.

VT H 526
AUTHOR: Education Cmt
TITLE: Public School Costs
INTRODUCED: 03/19/2007
ENACTED: 06/11/2007
DISPOSITION: Enacted
Commentary:
Enacting/Amending an act relating to education quality and cost control. Amendments include: Arbitration shall only occur if both parties agree in writing to submit to binding arbitration for one or more issues remaining in dispute. An agreement to accept binding interest arbitration may not be revoked and shall apply only to the parties to the arbitration.

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

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