Federal Cases
Fifth Circuit Upholds Arbitration Agreement in Employment Dispute
Omni Hotels Management Corp. v. Bayer, No. 06-30372, 2007 WL 1493878 (5th Cir. May 21, 2007)
5/21/2007
The Fifth Circuit Court of Appeals upheld a district court ruling that an arbitration agreement was binding on all employees who continued their employment, including those employees who refused to sign a receipt of notice. Ordinarily, there is no appeal from an order compelling arbitration, but in this case, the Court permitted an appeal because the order was a final appealable order, which took the case outside of the rule that there is no interlocutory appeal from an order compelling arbitration.
In Omni Hotels Management Corp. v. Bayer, No. 06-30372, 2007 WL 1493878 (5th Cir. May 21, 2007), Omni Hotels was sued in state court by several current and former employees seeking damages for exposure to toxic mold.
Omni Hotels subsequently filed a declaratory judgment action in federal court, seeking an order compelling arbitration and enjoining the state court action. Omni Hotels sought arbitration pursuant to a mandatory arbitration program that was implemented during the employment relationship... Full Story
No Bad Faith Shown Where Representative Leaves Mediation Early After Mediator's Observation of an Impasse
Bauerlein v. Equity Residential Properties Management Corp., No. CIV 04-1904-PHX-SMM, 2007 WL 1521606 (D. Ariz. May 22, 2007)
5/22/2007
After being advised by a mediator that a case would not likely settle, representatives with settlement authority do not act in bad faith by leaving mediation early. This is especially the case if they first designate settlement authority upon another representative who is present, according to the United States District Court for the District of Arizona.
In Bauerlein v. Equity Residential Properties Management Corp., No. CIV 04-1904-PHX-SMM, 2007 WL 1521606 (D. Ariz. May 22, 2007), the plaintiff sought to recover reimbursement for the costs of mediation, alleging the defendants acted in bad faith by allowing their representatives with settlement authority to leave the mediation early after less than three hours... Full Story
Court Grants Stay to Allow Ninth Circuit to Rule on Applying Equitable Estoppel to Compel Arbitration in Tax Shelter Cases
Jones v. Deutsche Bank NA, No. C 04-05357 JW, 2007 WL 1456041 (N.D. Cal. May 17, 2007)
5/17/2007
Because courts have split on the applicability of equitable estoppel in allowing non-signatories to compel arbitration in tax shelter cases, and because of the harm of increased costs that parties would otherwise suffer, the United States District Court for the Northern District of California granted a stay of proceedings to allow the Ninth Circuit to decide the estoppel question.
In Jones v. Deutsche Bank NA, No. C 04-05357 JW, 2007 WL 1456041 (N.D. Cal. May 17, 2007), Deutsche Bank sought to stay further court proceedings as it appealed the denial of its motion to compel arbitration, arguing that the doctrine of equitable estoppel applied to the case... Full Story
Court Defers to Arbitrator's Determination That Hearing Ended on the Deadline for Post-Hearing Briefs
Martini v. Pearson Educ., Inc., No. C 07-1028 SI, 2007 WL 1500846 (N.D. Cal. May 21, 2007)
5/21/2007
An arbitrator may determine that an arbitration hearing is not closed until the final date set by the arbitrator for the receipt of post-hearing briefs, and courts will defer to that determination, according to the United States District Court for the Northern District of California.
In Martini v. Pearson Educ., Inc., No. C 07-1028 SI, 2007 WL 1500846 (N.D. Cal. May 21, 2007), textbook author Martini sued electronic publisher Pearson for copyright infringement and breach of contract. The parties were ordered into Early Neutral Evaluation and later moved into mediation... Full Story
Federal Court in Florida Rules That FAA Deadline Does Not Bar Award Challenge by Non-party to Arbitration Agreement and Proceeding
R & Q Reinsurance Co. v. Rapid Settlements, Ltd, No. 06-14329-CIV-MOORE, 2007 WL 1428746 (S.D. Fla. May 14, 2007)
5/14/2007
A Federal District Court in Florida has rejected an attempt to impose a Federal Arbitration Act (FAA) deadline on a non-party to the agreement and proceeding.
In R & Q Reinsurance Co. v. Rapid Settlements, Ltd, No. 06-14329-CIV-MOORE, 2007 WL 1428746 (S.D. Fla. May 14, 2007), R & Q Reinsurance Co. (R&Q) entered into a 1986 settlement agreement with co-defendant Gwendolyn Brown to make periodic payments in connection with the resolution of personal injury claims. This settlement contained a clause prohibiting Brown from assigning her payment rights to a third party... Full Story
Under FAA, Statute of Limitations Defense Decided by Arbitrator Not by Court
Goldman, Sachs & Co. v. Griffin, No. 07 CIV. 1313 (LMM), 2007 WL 1467430 (S.D.N.Y. May 16, 2007)
5/16/2007
Statute of Limitations questions raised by choice of law provisions within an arbitration agreement must be decided by an arbitrator and not by the court if the agreement is subject to the Federal Arbitration Act (FAA), according to the United States District Court for the Southern District of New York.
In Goldman, Sachs & Co. v. Griffin, No. 07 CIV. 1313 (LMM), 2007 WL 1467430 (S.D.N.Y. May 16, 2007), brokerage firm Goldman Sachs sought a permanent stay of arbitration proceedings instituted by former client Griffin. Goldman Sachs argued that Griffin's fraud, breach of duty, and breach of contract claims were barred by the New York statute of limitations... Full Story
Federal Court in Ohio Refuses to Confirm Arbitration Award That Had Been "Replaced" by "Clarification"
MJCM, LLC v. Intellishops LLC, No. 3:07CV01011, 2007 WL 1452730 (N.D. Ohio 2007)
5/15/2007
A Federal District Court in Ohio has denied a motion to confirm an arbitration award after the arbitrator issued a clarification "that was meant to replace" the original reward.
In MJCM, LLC v. Intellishops LLC, No. 3:07CV01011, 2007 WL 1452730 (N.D. Ohio 2007), MJCM – a competitor of defendant Intellishops – sought to confirm an arbitration award that required it to give "copies" of certain materials to Intellishops... Full Story
Employment Dispute Subject to Arbitration Even Though Recordkeeping Error Delayed Execution of Arbitration Agreement
Lindgren v. Public Storage, Inc., No. 07-14-AA, 2007 WL 1406917 (D. Or. May 7, 2007)
5/7/2007
A federal court in Oregon ordered arbitration of an employment dispute, thereby rejecting the employee's claim that the arbitration agreement was unenforceable as either indefinite or unconscionable.
In Lindgren v. Public Storage, Inc., No. 07-14-AA, 2007 WL 1406917 (D. Or. May 7, 2007), Lindgren signed an application for employment at Public Storage, Inc. (PSI). The application contained an acknowledgment that a condition of Lindgren's employment would be to agree to arbitrate all employment disputes... Full Story
Federal Court Lacks Jurisdiction to Enforce Settlement Agreement Because Dismissal Order Did Not Incorporate Terms of Settlement
Academy Homes of Tyler, Ltd. v. Lakeside Park Homes, Inc., No. 6:06-CV-159, 2007 WL 1428662 (E.D. Tex. May 11, 2007)
5/11/2007
A federal court in Texas lacked jurisdiction to enforce the terms of a mediated settlement agreement after it dismissed the case because the dismissal order did not incorporate the terms of the settlement agreement.
In Academy Homes of Tyler, Ltd. v. Lakeside Park Homes, Inc., No. 6:06-CV-159, 2007 WL 1428662 (E.D. Tex. May 11, 2007), Academy Homes (Academy) sued Lakeside for fraud and breach of contract. The dispute was settled through mediation, and the Court subsequently dismissed the case with prejudice... Full Story
International Arbitration Award Upheld Despite Claims of Arbitrator Misconduct and Manifest Disregard of the Law
Al-Haddad Commodities Corp. v. Toepfer Intern. Asia Pte., Ltd., No. 2:07CV7, 2007 WL 1175598 (E.D. Va. Apr. 19, 2007)
4/19/2007
A federal court in Virginia upheld an international arbitration award despite claims of arbitrator misconduct and manifest disregard of the law; and entertained a novel argument that allowing too much evidence into a hearing resulted in misconduct.
In Al-Haddad Commodities Corp. v. Toepfer Intern. Asia Pte., Ltd., No. 2:07CV7, 2007 WL 1175598 (E.D. Va. Apr. 19, 2007), ACC and Toepfer, two international corporations, entered into a contract for the shipment of rice. When problems arose regarding performance of the contract, ACC demanded arbitration pursuant to the parties' agreement. When an award was issued in ACC's favor, Toepfer moved to vacate the award because of arbitrator misconduct... Full Story
State Cases
Arbitrator, Not Court, Must Decide Whether Statute of Limitations Bars Claims That Parties Have Agreed to Arbitrate
Wagner Construction Co. v. Pacific Mechanical Corp., No. S136255, 2007 WL 1461900 (Cal. May 21, 2007)
5/21/2007
The California Supreme Court held that the statute of limitations is not a proper basis for denying a motion to compel arbitration because the arbitrator, not the court, must decide whether the statute of limitations bars any claims that the parties have agreed to arbitrate.
In Wagner Construction Co. v. Pacific Mechanical Corp., No. S136255, 2007 WL 1461900 (Cal. May 21, 2007), Pacific subcontracted work to Wagner under a contract containing an arbitration clause... Full Story
Alabama Supreme Court Finds "Clear and Unmistakable" Evidence of Intent to Arbitrate Questions of Arbitrability
Title Max of Birmingham, Inc. v. Edwards, No. 1051140, 2007 WL 1454456 (Ala. May 18, 2007)
5/18/2007
In a case arising from a repossession mix-up, the Alabama Supreme Court found "clear and unmistakable" evidence that the parties intended to submit questions of arbitrability to the arbitrator. Accordingly, it was improper for the trial court to rule on the scope of the parties' arbitration agreement.
In Title Max of Birmingham, Inc. v. Edwards, No. 1051140, 2007 WL 1454456 (Ala. May 18, 2007), Edwards borrowed money from Title Max using his 2000 Ford F-150 as collateral. When Edwards defaulted on the loan, Title Max sent an agent to repossess the vehicle. However, instead of repossessing Edwards' 2000 Ford F-150, the agent repossessed Edwards' 1998 Ford F-150... Full Story
Alabama Supreme Court Upholds Arbitration Agreement in Loan Dispute
CitiFinancial Corp., L.L.C. v. Peoples, 1051519, 2007 WL 1454441 (Ala. May 18, 2007)
5/18/2007
The Alabama Supreme Court held that a loan dispute and any underlying questions of arbitrability were subject to arbitration, thus rejecting the borrower's three arguments in opposition to arbitration: (1) that the lender waived its right to arbitrate, (2) that the court must decide questions of arbitrability, and (3) that the costs of arbitration rendered the agreement unconscionable.
In CitiFinancial Corp., L.L.C. v. Peoples, 1051519, 2007 WL 1454441 (Ala. May 18, 2007), CitiFinancial Corp. (CFC) extended a loan to Peoples, secured by a parcel of land on which Peoples' house was allegedly located. According to Peoples, who later defaulted on the loan and was evicted from her home, the property described in the mortgage was an undeveloped adjacent lot... Full Story
California Court: "Any Dispute" Includes Tort Disputes
Efund Capital Partners v. Pless, No. B193575, 2007 WL1461952 (Cal. Ct. App. May 21, 2007)
5/21/2007
Language in an arbitration clause requiring arbitration of "any dispute or other disagreement" is sufficiently broad to encompass tort claims, ruled a California appellate court.
In Efund Capital Partners v. Pless, No. B193575, 2007 WL1461952 (Cal. Ct. App. May 21, 2007), Efund Capital Partners signed an investment agreement with RAP Technologies (RAP). The agreement specified that Efund would provide RAP with capital and restructuring services in exchange for Efund receiving an equity interest in RAP... Full Story
California Court of Appeals Finds Arbitrator Did Not Exceed Powers in Granting Award for Staples Center in Suite Deal with Cleaning Supply Company
Healthy World, Inc. v. L.A. Arena Funding, LLC, No. B188017, 2007 WL 1491890 (Cal. Ct. App. May 23, 2007)
5/23/2007
A California Court of Appeals has upheld an award for the owner of the Staples Center despite claims by a cleaning supply company that the arbitrator had exceeded his authority in issuing that award.
In Healthy World, Inc. v. L.A. Arena Funding, LLC, No. B188017, 2007 WL 1491890 (Cal. Ct. App. May 23, 2007), Healthy World, Inc. (HWI) entered into two, linked five-year agreements with L.A. Arena Funding ("LAAF," owner of the Staples Center): the first, a suite rental agreement; the second, a cleaning product placement agreement... Full Story
California Appellate Court Says Trial Court Lacks Power to Enter Default Judgment Once Parties Agree to Arbitrate, Even If One Party Extremely Dilatory
Martinez v. Martinez, No. B190114, 2007 WL 1365979 (Cal. Ct. App. May 10, 2007)
5/10/2007
An appellate Court in California reversed a lower court's entry of default judgment – even though one party was extremely dilatory – stating that the court lacked the power to enter such a judgment once the parties had agreed to arbitrate their dispute.
In Martinez v. Martinez, No. B190114, 2007 WL 1365979 (Cal. Ct. App. May 10, 2007), Pedro Martinez ("Pedro") signed an agreement to buy a house from Jose Martinez ("Jose," no relation). Their written purchase agreement contained an arbitration clause. When the deal fell through, Pedro filed suit seeking specific performance of the contract... Full Story
California Court Rejects Claims of Arbitrator Misconduct, Sharply Scolds Attorney for Unfounded Accusations
Vermont & 43rd Medical Clinic, Inc. v. Molina Medical Centers, Inc., No. B185517, 2007 WL 1429492 (Cal. Ct. App. May 16, 2007)
5/16/2007
A California Court of Appeals has affirmed a ruling that rejected a laundry list of objections to an arbitration award, and offered a strong rebuke to the questionable ethics of the attorney who brought numerous "unfounded" accusations against the arbitrator.
In Vermont & 43rd Medical Clinic, Inc. v. Molina Medical Centers, Inc., No. B185517, 2007 WL 1429492 (Cal. Ct. App. May 16, 2007), Vermont & 43rd Medical Clinic, Inc. (Vermont), a medical provider, brought both tort and breach of contract claims against Molina Medical Centers, Inc. (Molina), a health care service plan provider... Full Story
Arbitration Award Upheld in Absence of Showing Procurement by Fraud
Citigroup Global Markets, Inc. v. Masek, No. 2006-T-0052, 2007 WL 1395360 (Ohio Ct. App.11d May 11, 2007)
5/11/2007
An appellate Court in Ohio upheld an arbitration award over an allegation that the award was procured by fraud.
In Citigroup Global Markets, Inc. v. Masek, No. 2006-T-0052, 2007 WL 1395360 (Ohio Ct. App.11d May 11, 2007), Raymond Masek brought a securities claim against a Citigroup predecessor in 2002 and an award was issued against Masek after an arbitration hearing. An additional arbitration was held regarding different matters between Masek and Citigroup in 2005. The second hearing also resulted in an award against Masek... Full Story
ADR Legislation & Regulation
LEGISLATION
AZ H 2758
AUTHOR: Adams [R]
TITLE: County Justice of the Peace Payments
INTRODUCED: 02/06/2007
ENACTED: 05/30/2007
DISPOSITION: Enacted
Commentary:
Revising existing statutes relating to funding. The justice of the peace may require arbitration or other dispute resolution methods that are approved by the supreme court in all civil actions, except forcible entry or detainer actions.
DE S 69
PRIMARY SPONSOR: Adams [D]
TITLE: Consumer Credit Contracts
INTRODUCED: 04/03/2007
ENACTED: 05/23/2007
DISPOSITION: Enacted
Commentary:
This bill grants jurisdiction to the Court of Common Pleas to enforce and enter judgment on arbitration agreements relating to contracts to provide consumer credit. If an "action for enforcement" is filed in the Court of Chancery, it will be transferred to the Court of Common Pleas.
GA H 2
AUTHOR: Holt [R]
TITLE: Independent School System
INTRODUCED: 01/08/2007
ENACTED: 05/23/2007
DISPOSITION: Enacted
Commentary:
Amendment of act regarding land use and zoning for schools. Requires arbitration of certain disputes arising out of the bill.
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.
IA S 554
COMPANION: IA S 368
AUTHOR: Ways and Means Cmt
TITLE: Relating To Franchises For The Provision Of Cable
INTRODUCED: 03/15/2007
ENACTED: 05/29/2007
DISPOSITION: Enacted
Commentary:
A bill relating to franchises that provide cable service or video service including. As it relates to ADR, the bill requires the holder of a certificate of franchise authority to implement an informal process for handling inquiries from municipalities and customers concerning billing events, service issues, and other complaints. If an issue is not resolved through this informal process, a municipality may request a confidential nonbinding mediation with the holder of a certificate of franchise authority, with the costs of such mediation to be shared equally between the municipality and the holder of a certificate of franchise authority.
IL H 4
SPONSOR: Brady [R]
TITLE: Airport Authorities Act
INTRODUCED: 01/10/2007
DISPOSITION: To Governor
Commentary:
Amending the Airport Authorities Act. Amendments include: the Rail has the authority (xii) to enter into arbitration arrangements, which may be final and binding.
ME H 1101
LD: 1576
AUTHOR: Clark [D]
TITLE: Leaseholder Bill of Rights
INTRODUCED: 03/20/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
In all leases other than those covering trailer parks, apartment buildings, condominiums, time shares or townhouses, "[i]f there is a dispute between the lessor and the lessee concerning the appraisal, the appraisal must be submitted to binding arbitration assigned by a national arbitration association. The fee for the arbitration must be shared equally between the lessor, the lessee and any other parties in interest."
ME S 225
LD: 708
AUTHOR: Martin [D]
TITLE: Emancipation of Minors
INTRODUCED: 02/13/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
The bill repeals the laws that allow a minor 16 years of age or older to petition the court to be emancipated, and refers parties to mediation for settling disputes in the matter.
ME S 516
LD: 1489
AUTHOR: Bowman [D]
TITLE: Arbitration
INTRODUCED: 03/20/2007
DISPOSITION: To Governor, 06/01/2007
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.
MN H 122
COMPANION: MN S 62
AUTHOR: Rukavina [DFL]
TITLE: State Appropriations
INTRODUCED: 01/16/2007
LINE ITEM: 05/25/2007
DISPOSITION: Enacted
Commentary:
Amending and revising various MN statutes and appropriating funds. Bureau of Mediation Services outlines various arbitration and mediation procedures.
MN S 1196
COMPANION: MN H 1205
AUTHOR: Jungbauer [R]
TITLE: Manufactured Homes Relocation Compensation
INTRODUCED: 02/26/2007
ENACTED: 05/25/2007
DISPOSITION: Enacted
Commentary:
Revising an act related to housing establishing manufactured home relocation trust fund. Revisions include: "The municipality shall appoint a neutral third party, to be agreed upon by both the manufactured home park owner and manufactured home owners, whose hourly cost must be reasonable and paid from the Minnesota manufactured home relocation trust fund. The neutral third party shall act as a paymaster and arbitrator, with decision making authority to resolve any questions or disputes regarding any contributions or disbursements to and from the Minnesota manufactured home relocation trust fund by either the manufactured home park owner or the manufactured home owners. If the parties cannot agree on a neutral third party, the municipality will make a determination.
MO S 22
SPONSOR: Griesheimer [R]
TITLE: Political Subdivisions
INTRODUCED: 01/03/2007
LAST AMEND: 05/18/2007
DISPOSITION: To Governor
Commentary:
Withholds county funds unless a county agrees to engage in mandatory mediation if a jailer in the county determines that a prisoner needs medicine, dental care, or medical attention after being located to the jail from another county.
NH S 100
AUTHOR: Gottesman [D]
TITLE: Real Estate Escrow Agent Authority
INTRODUCED: 01/04/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Enacting a bill which gives authority to a real estate escrow agent to hold funds in the event of a dispute between a buyer and a seller. Brief arbitration mention in regards to compliance with order of arbitrator.
NH S 243
AUTHOR: D'Allesandro [D]
TITLE: Home Contractors
INTRODUCED: 02/15/2007
LOCATION: HOUSE
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. Deemed "Inexpedient to Legislate" on 5/29/07, which generally kills a bill.
NV A 431
AUTHOR: Horne [D]
TITLE: Condominium Hotel Provisions
INTRODUCED: 03/19/2007
DISPOSITION: To Governor
Commentary:
Establishes provisions governing condominium hotels. Provides for mediation, binding and non binding arbitration of certain disputes arising under the statute.
NV S 72
AUTHOR: Care [D]
TITLE: Uniform Limited Partnership Act
INTRODUCED: 02/06/2007
ENACTED: 05/30/2007
DISPOSITION: Enacted
Commentary:
In winding up a limited partnership, parties may use arbitration or mediation to settle disputes.
NY A 8682
SPONSOR: Nolan [D]
TITLE: Disabled Individuals Education Improvement
INTRODUCED: 05/24/2007
DISPOSITION: Pending
LOCATION: Assembly Education Committee
Commentary:
This bill establishes detailed mediation procedures for disputes arising under the federal Individuals with Disabilities Education Improvement Act of 2004.
OK H 1926
AUTHOR: McDaniel [D]
TITLE: Department of Human Services Reimbursement Review
INTRODUCED: 02/05/2007
LAST AMEND: 05/23/2007
ENACTED: 05/31/2007
DISPOSITION: Enacted
Commentary:
Related to health and human services. A 5/23/07 amendment removed the provision providing for mediation by an independent entity chosen by the parties to the contract in the event of contract disputes.
OR H 2908
AUTHOR: Judiciary Cmt
TITLE: Uninsured Motorist Coverage
INTRODUCED: 03/01/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Would require an insurance company to pay up to the limits of a policy for injuries sustained in an accident with an uninsured motorist. If a disagreement with the insurer arises, the dispute may be settled through arbitration.
OR S 62
AUTHOR: Courtney [D]
TITLE: Landscaping Business Bond
INTRODUCED: 01/08/2007
ENACTED: 05/25/2007
DISPOSITION: Enacted
Commentary:
Adjusts language regarding recovery of arbitration awards from bond or other security of landscaping business.
OR S 63
AUTHOR: Courtney [D]
TITLE: Landscaping Businesses and Landscaping Contractors
INTRODUCED: 01/08/2007
ENACTED: 05/25/2007
DISPOSITION: Enacted
Commentary:
This bill would require contractors to notify the Licensing Board of arbitration awards.
OR S 255
AUTHOR: Courtney [D]
TITLE: Personal Injury Protection Benefits Reimbursement
INTRODUCED: 01/12/2007
DISPOSITION: To Governor
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.
RI S 640
AUTHOR: Goodwin [D]
TITLE: Business And Professions
INTRODUCED: 02/15/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Creates the Nurse Licensure Compact, which allows party states to submit issues of a dispute to an arbitration panel.
TX H 1038
AUTHOR: Ritter [D]
TITLE: Residential Construction Commission
INTRODUCED: 02/01/2007
DISPOSITION: To Governor
Commentary:
Relates to the operation of the Texas Residential Construction Commission. As it relates to arbitration, the bill would require an arbitration clause in a residential construction agreement to be in 10-point font or larger to be valid.
TX H 1886
AUTHOR: Callegari [R]
TITLE: Political Subdivision Procurement Methods
INTRODUCED: 02/23/2007
DISPOSITION: To Governor
Commentary:
Relating to procurement methods for the construction of civil works projects; protects work product (designs) of unsuccessful bidders offering arbitration for disputes. A 5/17/07 amendment to the bill has eliminated any reference to arbitration.
TX H 2426
AUTHOR: Truitt [R]
TITLE: Board of Nurse Examiners
INTRODUCED: 03/05/2007
LAST AMEND: 05/18/2007
DISPOSITION: To Governor
Commentary:
Relates to Board of Nurse Examiners, states that party states may submit issues to an arbitration panel.
TX HCR 198
AUTHOR: Swinford [R]
TITLE: Authority Built Home Inspection Plan
INTRODUCED: 04/18/2007
DISPOSITION: To Governor
Commentary:
An act providing for mediation between home builders and residential owners.
US H 2401
SPONSOR: Baca [D]
TITLE: Socially Disadvantaged Farmers and Opportunities
INTRODUCED: 05/21/2007
DISPOSITION: Pending
LOCATION: Multiple Committees
Commentary:
A bill relating to creating opportunities for socially disadvantaged farmers, to create incentives for research, conservation, and market viability, to provide a healthy and just work environment for agricultural workers, to provide Americans with healthier food choices, to address hunger and poverty in the United States, and for other purposes. As it relates to arbitration, the bill states, "If a livestock or poultry contract or marketing contract provides for the use of arbitration to resolve a controversy under the livestock or poultry contract or marketing contract, arbitration may be used to settle the controversy only if, after the controversy arises, both parties consent in writing to use arbitration to settle the controversy."
US S 1481
SPONSOR: Baucus [D]
TITLE: A Bill To Restore Fairness And Reliability To The Medical Justice System
INTRODUCED: 05/24/2007
DISPOSITION: Pending
LOCATION: Senate Health, Education, Labor and Pensions 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.
REGULATION
No new regulations.
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