Federal Cases
NASD Arbitration Rules Do Not Allow Class Action Waivers
Good v. Ameriprise Financial, Inc., No. 06-1027, 2007 WL 628196 (D. Minn. Feb. 8, 2007)
2/8/2007
A federal court in Minnesota held that the NASD Code of Arbitration prohibits NASD members from compelling arbitration in class action cases regardless of whether the arbitration agreement contains a class action waiver.
In Good v. Ameriprise Financial, Inc., No. 06-1027, 2007 WL 628196 (D. Minn. Feb. 8, 2007), Good commenced a putative class action against Ameriprise, alleging that he and other Ameriprise financial advisers were not paid full commissions. Ameriprise filed a motion to compel arbitration pursuant to an arbitration agreement containing a class action waiver... Full Story
California Federal Court Compels Arbitration of Counterclaims, Despite Argument That Party Waived Arbitration Rights
Nova Wines, Inc. v. Adler Fels Winery, Inc., No. C 06-6149 MHP, 2007 WL 216777 (N.D. Cal. Jan. 25, 2007)
1/25/2007
A federal court in California held that a party does not waive its arbitration rights when it brings claims that do not arise out of the contract containing the arbitration agreement in court, and the opposing party's counterclaims may be compelled to arbitration if the counterclaims arise out of the contract containing the arbitration agreement.
In Nova Wines, Inc. v. Adler Fels Winery, Inc., No. C 06-6149 MHP, 2007 WL 216777 (N.D. Cal. Jan. 25, 2007), Nova had entered into a license agreement with Tom Kelly Studios (TKS), whereby TKS granted Nova an exclusive license for the use of a Marilyn Monroe photograph. This agreement contained a broad arbitration clause... Full Story
Illinois Federal Court Finds Right to Arbitration Not Waived by Pre-Litigation Acts or Omissions
Hedges v. Yosemite Insurance Co., No. 306-CV-510-JPG, 2007 WL 601834 (S.D. Ill. Feb. 22, 2007)
2/22/2007
A federal court in Illinois held that a party does not forfeit its right to enforce an arbitration clause by failing to discuss arbitration in conjunction with a pre-lawsuit settlement offer.
In Hedges v. Yosemite Insurance Co., No. 306-CV-510-JPG, 2007 WL 601834 (S.D. Ill. Feb. 22, 2007), Hedges secured a mortgage loan through American General Finance Services, Inc. (American General), but failed to insure the secured property, as required by the Mortgage Agreement (Agreement). American General obtained insurance from Yosemite Insurance Company (Yosemite) and charged Hedges for the insurance premiums... Full Story
Oklahoma Federal Court Vacates Confirmation of Award Where Losing Party Had Shown Timely Intent to Move for Vacatur
Burlington Northern & Santa Fe Railway Co. v. Public Service Co. of Oklahoma, No. 05-CV-53-TCK-FHM, 2007 WL 593621 (N.D. Okla. Feb. 21, 2007)
2/21/2007
Stating that simply because a Court has jurisdiction to do something does not mean that it is right to do so, an Oklahoma federal court vacated its earlier decision to confirm an arbitration award where the losing party had twice stated its intention to move to vacate the award.
In Burlington Northern & Santa Fe Railway Co. v. Public Service Co. of Oklahoma, No. 05-CV-53-TCK-FHM, 2007 WL 593621 (N.D. Okla. Feb. 21, 2007), an arbitrator issued an award favoring Public Service Co. of Oklahoma ("PSO"), and within two weeks PSO filed a motion to confirm. In timely fashion, Burlington Northern and Santa Fe ("BNSF") filed two motions indicating its intent to move to vacate the award... Full Story
State Cases
Florida Courts Remain Split on Who Decides Enforceability of Liability Limitations: Judge or Arbitrator?
Alterra Healthcare Corp. v. Estate of Linton ex rel. Graham, No. 1D06-0986, 2007 WL 597008 (Fla. Dist. Ct. App. Feb. 28, 2007)
2/28/2007
In upholding a lower court's decision to sever liability limitations from an arbitration agreement, the Florida District Court of Appeals held that courts have authority to rule on the enforceability of liability limitations where the limitations are not outside the arbitration agreement. This decision highlights a split of authority among Florida's appellate courts on the issue of whether a court may precede the arbitrator in deciding the enforceability of liability limitations.
In Alterra Healthcare Corp. v. Estate of Linton ex rel. Graham, No. 1D06-0986, 2007 WL 597008 (Fla. Dist. Ct. App. Feb. 28, 2007), Linton died during her residency in an Alterra nursing home. Linton's family subsequently sued Alterra for alleged violations of the Florida Nursing Home Residents Act... Full Story
Health Care Power of Attorney Authorizes Attorney-in-Fact to Agree to Arbitration on Patient's Behalf
Hogan v. Country Villa Health Services, No. G036406, 2007 WL 614072 (Cal. Ct. App. Mar. 1, 2007)
3/1/2007
The California Court of Appeals held that a daughter admitting her mother to a nursing home had authority to enter an arbitration agreement on her mother's behalf pursuant to a power of attorney authorizing the daughter to make health care decisions for her mother.
In Hogan v. Country Villa Health Services, No. G036406, 2007 WL 614072 (Cal. Ct. App. Mar. 1, 2007), Sarah Hogan (Sarah) executed a power of attorney authorizing her daughter Barbara to make health care decisions for her. The power of attorney was created using the standard form from section 4701 of the California Probate Code... Full Story
Florida Law Does Not Allow Interlocutory Appeal from Order Vacating Arbitration Award
Parvin v. Valhalla Properties On Sand Key, LLC, No. 2D05-5022, 2007 WL 641853 (Fla. Dist. Ct. App. Feb. 28, 2007)
2/28/2007
Despite the Florida legislature's provision for an interlocutory appeal, the Florida District Court of Appeal held that an order vacating an arbitration award is nonappealable because the Florida Supreme Court has not conferred appellate jurisdiction as required by the Florida Constitution.
In Parvin v. Valhalla Properties On Sand Key, LLC, No. 2D05-5022, 2007 WL 641853 (Fla. Dist. Ct. App. Feb. 28, 2007), Parvin and Valhalla submitted a dispute to arbitration. The arbitrator issued an award in Parvin's favor, but the trial court vacated the award.
Parvin appealed from the order vacating the award pursuant the Florida Arbitration Code, which provides that "[a]n appeal may be taken from . . . [a]n order confirming or denying confirmation of an award." Fla. Stat. Ann. § 682.20(1)(c)... Full Story
Colorado Court Cites Policy Favoring Dispute Resolution in Enforcing Mediated Settlement Agreement
Yaekle v. Andrews, No. 05CA1569, 2007 WL 609872 (Colo. Ct. App. Feb. 23, 2007)
2/23/2007
The Colorado Court of Appeals cited the strong policy favoring dispute resolution over continued litigation in upholding a lower court's decision to enforce a mediated settlement agreement.
In Yaekle v. Andrews, No. 05CA1569, 2007 WL 609872 (Colo. Ct. App. Feb. 23, 2007), Yaekle and Andrews reached a basic settlement agreement when they mediated a business dispute... Full Story
Specific Reference to Arbitration Is Not Necessary to Incorporate Arbitration Agreement
Weatherguard Roofing Co. v. D.R. Ward Construction Co., No. 1 CA-CV 05-0247, 2007 WL 577853 (Ariz. Ct. App. Feb. 27, 2007)
2/27/2007
In upholding a lower court's determination that a construction dispute was subject to arbitration, the Arizona Court of Appeals held that a specific reference to arbitration is not necessary for a contract to incorporate an arbitration agreement.
In Weatherguard Roofing Co. v. D.R. Ward Construction Co., No. 1 CA-CV 05-0247, 2007 WL 577853 (Ariz. Ct. App. Feb. 27, 2007), Ward contracted to construct a home for the Gaskins. Ward subcontracted the roofing and weatherproofing to Weatherguard... Full Story
Connecticut Court Denies Request for Attorney Fees Where Arbitration Agreement Allowed Only the Arbitrator to Make a Fee Award
Lawson v. Privateer, Nos. CV064006118S, CV064006130, 2007 WL 611243 (Conn. Super. Ct. Feb. 1, 2007)
2/1/2007
An arbitration clause allowing the arbitrator to award attorney fees to the prevailing party does not allow a confirming court to award additional fees, a state court in Connecticut held.
In Lawson v. Privateer, Nos. CV064006118S, CV064006130, 2007 WL 611243 (Conn. Super. Ct. Feb. 1, 2007), the Lawsons sold their interests in Privateer, a printing company. The sales agreement contained an arbitration clause that authorized the arbitrator to award attorney fees to the prevailing party... Full Story
Tort Claims Are Arbitrable Where the Federal Arbitration Act Governs
Pest Management, Inc. v. Langer, No. 06-748, 2007 WL 538178 (Ark. Feb. 22, 2007)
2/22/2007
A party's tort claims were arbitrable due to the broad wording of the arbitration agreement and the fact that the transaction involved interstate commerce, the Supreme Court of Arkansas held.
In Pest Management, Inc. v. Langer, No. 06-748, 2007 WL 538178 (Ark. Feb. 22, 2007), upon its inspection of a home prior to its purchase by Alfred Langer, Pest Management created an inspection graph and certified that there was no infestation or it had been properly treated before, with no indication of any other problems... Full Story
Michigan Court Says Corporation Can Be Notified of Arbitration by Service on CEO
Perceptron, Inc. v. Photon Vision Systems, Inc., Docket No. 261886, 2007 WL 517119 (Mich. Ct. App. Feb. 20, 2007)
2/20/2007
A state court in Michigan held that a defendant corporation was adequately notified of an arbitration hearing when the arbitration forum served a demand for arbitration against the defendant's former CEO.
In Perceptron, Inc. v. Photon Vision Systems, Inc., Docket No. 261886, 2007 WL 517119 (Mich. Ct. App. Feb. 20, 2007), defendant Photon Vision Systems, Inc. (Photon) argued for vacatur of an arbitration award, claiming that it was never notified of its status as a named party in the arbitration proceeding. Photon further argued that the award was obtained through fraud or misconduct... Full Story
Appraisals Qualify As Arbitration Under California Arbitration Act
Bank of Orange County v. Azar, No. G035918, 2007 WL 521893 (Cal. Ct. App. Feb. 21, 2007)
2/21/2007
The California Court of Appeal held that an appraisal qualifies as arbitration under the California Arbitration Act (CAA) while also noting that an agreement can be both a settlement and arbitration agreement.
In Bank of Orange County v. Azar, No. G035918, 2007 WL 521893 (Cal. Ct. App. Feb. 21, 2007), the parties entered into an agreement for an appraisal of the value of shares held by Azar. The agreement provided that each party would select an appraiser. If the two appraisal values were within 10 percent of each other, the averaged value would be "final and binding"... Full Story
Consumer Did Not Agree to Arbitrate Claims of Fraud, Forgery, and Identity Theft in Relation to Purchase of Vehicle
Rogers-Dabbs Chevrolet-Hummer, Inc. v. Blakeney, No. 2005-IA-00125-SCT, 2007 WL 529281 (Miss. Feb. 22, 2007)
2/22/2007
The Supreme Court of Mississippi affirmed an order denying arbitration holding that no reasonable person would agree to arbitrate the underlying claims of fraud, forgery, and identity theft.
In Rogers-Dabbs Chevrolet-Hummer, Inc. v. Blakeney, No. 2005-IA-00125-SCT, 2007 WL 529281 (Miss. Feb. 22, 2007), Keith Blakeney purchased a Hummer vehicle from Rogers-Dabbs. As part of the purchase, he signed an arbitration agreement... Full Story
Exclusionary Clause in Arbitration Agreements Construed Narrowly
Clarus Systems, Inc. v. Variphy, Inc., No. A115360, 2007 WL 576149 (Cal. Ct. App. Feb. 26, 2007)
2/26/2007
A state court in California held that the state's strong public policy in favor of arbitration requires that exclusionary clauses in arbitration agreements be narrowly construed so as to give broad effect to the arbitration clause.
In Clarus Systems, Inc. v. Variphy, Inc., No. A115360, 2007 WL 576149 (Cal. Ct. App. Feb. 26, 2007), Clarus sued Variphy, a company founded by two former Clarus employees, for violations of a non-disclosure agreement. When Variphy petitioned the court to compel arbitration of the dispute, Clarus argued that an exclusionary clause made the arbitration agreement inapplicable to this dispute... Full Story
Signature on Front Page of Two-Sided Faxed Purchase Order Does Not Prove Agreement to Arbitration Clause on Back Page
Evangelistic Outreach Center v. General Steel Corp., No. COA06-558, 2007 WL 505776 (N.C. Ct. App. Feb. 20, 2007)
2/20/2007
A party that signs only the front page of a two-sided agreement sent by fax does not assent to an arbitration clause located on the back page where the party seeking to enforce the arbitration agreement offers no evidence that the party agreed to the arbitration clause, a state court in North Carolina held.
In Evangelistic Outreach Center v. General Steel Corp., No. COA06-558, 2007 WL 505776 (N.C. Ct. App. Feb. 20, 2007), the parties disputed over payment for a prefabricated steel building that Evangelistic purchased from General Steel. When General Steel filed a motion to compel arbitration, Evangelistic argued that no arbitration agreement existed... Full Story
Arbitration Service's Disclosure of Arbitrator's History Sufficient Under California Law
Hofmann v. Superior Court, No. B189894, 2007 WL 603101 (Cal. Ct. App. Feb. 28, 2007)
2/28/2007
While California law requires arbitrators to satisfy certain disclosure requirements, the statute does not require that the arbitrator personally execute such written disclosures, according a state court in California.
In Hofmann v. Superior Court, No. B189894, 2007 WL 603101 (Cal. Ct. App. Feb. 28, 2007), Hofmann brought a negligence claim against a surgeon who performed hip replacement surgery on her. An arbitrator dismissed Hofmann's claim, based largely on discrepancies between the facts asserted in a previous workers' compensation claim and the present action... Full Story
Arbitration Awards Issued Under New Jersey's APDRA Only Appealable in "Rare Circumstances"
Old Tappan Chiropractic v. Selective Insurance Co., No. L-723-06, 2007 WL 419798 (N.J. Super. Ct. App. Div. Feb. 9, 2007)
2/9/2007
Under New Jersey's Alternative Procedure for Dispute Resolution Act (APDRA), parties waive the right to appeal a lower court's decision confirming, vacating or modifying an arbitration award unless the court finds that "rare circumstances grounded in public policy" exist.
In Old Tappan Chiropractic v. Selective Insurance Co., No. L-723-06, 2007 WL 419798 (N.J. Super. Ct. App. Div. Feb. 9, 2007), Old Tappan and Selective Insurance arbitrated a dispute over payment of chiropractic bills for Joan Frazza. Ms. Frazza was injured in an auto accident that occurred while she driving a minivan owned by her father's business... Full Story
Prejudice to Opposing Party Unnecessary to Prove Waiver of Arbitration Under Ohio Law
G.A. White Enterprises v. Black, slip copy, No. 06-CA-95, 2007 WL 588998 (Ohio Ct. App. Feb. 23, 2007)
2/23/2007
An appellate court in Ohio held that under Ohio law, the waiver of the right to arbitrate does not require prejudice to the opposing party.
In G.A. White Enterprises v. Black, slip copy, No. 06-CA-95, 2007 WL 588998 (Ohio Ct. App. Feb. 23, 2007), G.A. White Enterprises ("Custom Homes") agreed to construct a home for Derek and Julie Black ("the Blacks"). Custom Homes filed suit after a dispute arose and subsequently requested mediation and then requested arbitration approximately nine months after it had filed suit. Its motion to compel arbitration was denied based on the finding that it had waived its right to arbitrate. Custom Homes appealed... Full Story
Possibility of Conflicting Rulings Leads to Refusal to Enforce Arbitration Agreement
Sherman v. Barrett, B190056, 2007 WL 520325 (Cal. Ct. App. Feb. 21, 2007)
2/21/2007
Because enforcement of an arbitration agreement between a client and his attorney in a case involving a third party might lead to conflicting rulings, the California Court of Appeals affirmed a lower court order refusing to compel arbitration.
In Sherman v. Barrett, B190056, 2007 WL 520325 (Cal. Ct. App. Feb. 21, 2007), Sherman and his partner Mendoza hired attorney Barrett to serve as counsel in establishing and running a building industry corporation. Sherman and Mendoza signed a broad arbitration agreement with Barrett, but had no arbitration agreement with each other... Full Story
Agreed Notice Rules Trump Statutory Notice Provisions
Ying Chun Tan v. Hung Pin Lee, No. CV2005-146, 2007 WL 582084 (Tex. Ct. App. Feb. 27, 2007)
2/27/2007
Once parties agree to arbitrate under the NASD code of arbitration procedure, NASD notice rules trump statutory notice provisions, a Texas appellate court held.
In Ying Chun Tan v. Hung Pin Lee, No. CV2005-146, 2007 WL 582084 (Tex. Ct. App. Feb. 27, 2007), Hung Pin Lee filed an action against Ying Chun Tan and others with the National Association of Securities Dealers ("NASD"). All parties had agreed to use of the NASD code of arbitration procedure. Tan did not appear at the arbitration proceeding and an award was issued in favor of Lee. Lee moved to confirm the award... Full Story
ADR Provision Remains in Force After Termination of Underlying Contract
Auchter Co. v. Zagloul, No. 1D06-2817, 2007 WL 671080 (Fla. Dist. Ct. App. Mar. 7, 2007)
3/7/2007
In remanding a case with instructions to order arbitration of a construction dispute, the Florida District Court of Appeal followed the majority rule and held that an ADR provision remains in force after termination of the underlying contract unless there is clear intent to the contrary.
In Auchter Co. v. Zagloul, No. 1D06-2817, 2007 WL 671080 (Fla. Dist. Ct. App. Mar. 7, 2007), Auchter contracted to build a house for Zagloul using a standard American Institute of Architects (AIA) contract. The contract contained an ADR provision that required the parties to submit their disputes to mediation and, if unsuccessful, to arbitration... Full Story
ADR Legislation & Regulation
LEGISLATION
AL H 225
AUTHOR: Page [D]
TITLE: Motor Vehicle Towing and Storage
INTRODUCED: 03/08/2007
DISPOSITION: Pending
Commentary:
Enacting a bill which provides for an insurer's responsibilities when an insured vehicle is towed and stored. The bill provides for mediation and outlines the mediation procedure.
AL S 90
AUTHOR: Smitherman [D]
TITLE: Mediation Provisions
INTRODUCED: 03/06/2007
DISPOSITION: Pending
Commentary:
Provides that a mediator may not be compelled to testify or produce documents concerning mediation proceedings.
AR H 1324
AUTHOR: Johnson D [D]
TITLE: Rural Physicians Equal Opportunity Employment
INTRODUCED: 01/29/2007
LAST AMEND: 03/09/2007
DISPOSITION: Pending
Commentary:
Provides for dispute resolution of determinations of breach of loan contracts.
AR H 2801
AUTHOR: Rainey [D]
TITLE: Farm Mediation Act
INTRODUCED: 03/05/2007
DISPOSITION: Pending
Commentary:
The purpose of this act is to exempt farm equipment
financing and all agriculture loans not secured by land from the farm mediation act.
AR S 783
AUTHOR: Bisbee [R]
TITLE: Residential Building Contractors
INTRODUCED: 02/28/2007
LAST AMEND: 03/07/2007
DISPOSITION: Pending
Commentary:
This bill includes "right to repair" legislation for the construction industry, which requires certain notices and repair periods prior to commencing a suit or arbitration claim.
AZ S 1310
AUTHOR: Flake [R]
TITLE: Underground Storage Tanks
INTRODUCED: 01/22/2007
DISPOSITION: Pending
Commentary:
Any party authorized to bring an action under this section and any party against whom an action is brought may have liability allocated through mediation.
CO H 1338
SPONSOR: Pommer [D]
TITLE: Homeowner Protection Act of 2007
INTRODUCED: 03/07/2007
DISPOSITION: Pending
Commentary:
Declares waivers of certain basic statutory rights and remedies by residential property owners in their transactions with construction professionals void as against public policy.
CO S 79
SPONSOR: Johnson [R]
TITLE: Standard Health Care Provider Contracts
INTRODUCED: 01/15/2007
LAST AMEND: 03/07/2007
DISPOSITION: Pending
Commentary:
In contractual agreements with health care providers for health care services, this bill allows such contracts to provide for binding arbitration. Also allows previous arbitration awards to be introduced as "persuasive authority" suggesting a violation of this Article.
CT S 615
INTRODUCER: Coleman [D]
TITLE: Land Use Disputes
INTRODUCED: 01/18/2007
LAST AMEND: 03/07/2007
DISPOSITION: Pending
Commentary:
Authorizes individuals to serve as mediators in a land dispute after completing a course of study and achieving certification by an accredited organization approved by the Judicial Branch.
CT S 1059
INTRODUCER: Joint General Law
TITLE: New Motor Vehicle Lemon Law
INTRODUCED: 01/30/2007
LAST AMEND: 03/08/2007
DISPOSITION: Pending
Commentary:
Concerning Motor Vehicle Lemon Laws, the Department of Consumer Protection may refer an arbitration dispute to the American Arbitration Association or other arbitration association in accordance with regulations adopted in accordance with the provisions of chapter 54.
HI HCR 77
AUTHOR: Shimabukuro [D]
TITLE: Predatory Mortgage Lending Practices
INTRODUCED: 03/09/2007
DISPOSITION: Pending
Commentary:
Proposes a study on predatory lending, including mandatory arbitration.
HI S 813
AUTHOR: Ige [D]
TITLE: Medical Liability
INTRODUCED: 01/19/2007
LAST AMEND: 03/06/2007
DISPOSITION: Pending
Commentary:
Makes an expression of sympathy or benevolence inadmissible in a civil proceeding or arbitration against a health care provider.
HI S 973
AUTHOR: Ige [D]
TITLE: Public Health
INTRODUCED: 01/19/2007
LAST AMEND: 03/06/2007
DISPOSITION: Pending
Commentary:
Amends state healthcare law for poor: If Medicaid payment dispute involves $10K +, aggrieved party MAY submit matter to binding arbitration;
KS S 333
AUTHOR: Commerce Cmt
TITLE: Fairness in Public Building Construction Act
INTRODUCED: 02/07/2007
LAST AMEND: 03/06/2007
DISPOSITION: Pending
Commentary:
Creates the Fairness in Public Building Construction Act, amending and repealing previous act. Court or arbitrator should award costs and reasonable attorney fees to prevailing party; sets venue in the county where real property is located, hearing location where real property is located, and requires application of Kansas law.
MI H 4433
SPONSOR: Bieda [D]
TITLE: Mediation Process
INTRODUCED: 03/08/2007
DISPOSITION: Pending
Commentary:
Amending the "tax tribunal act," defines and outlines the mediation process.
MN S 1518
AUTHOR: Neuville [R]
TITLE: Alternative Dispute Resolution
INTRODUCED: 03/05/2007
DISPOSITION: Pending
Commentary:
Relates to alternative dispute resolution; provides for a study and assessment of alternative dispute resolution; appropriates money.
MN S 1532
COMPANION: MN H 1515
AUTHOR: Scheid [DFL]
TITLE: Commerce
INTRODUCED: 03/05/2007
DISPOSITION: Pending
Commentary:
Deals with the business of credit counseling and debt management services: would prohibit "mandatory arbitration clauses" from agreements.
PA H 507
PN: 587
AUTHOR: McCall [D]
TITLE: Home Improvement Regulation
PREFILED: 02/22/2007
INTRODUCED: 03/06/2007
DISPOSITION: Pending
Commentary:
Places requirements on the contents of parties' agreement to arbitrate legal disputes.
PA H 549
PN: 619
AUTHOR: Hershey [R]
TITLE: Nurse Licensure Compact
PREFILED: 02/26/2007
INTRODUCED: 03/06/2007
DISPOSITION: Pending
Commentary:
Creates the Nurse Licensure Compact, which allows party states to submit issues in dispute to an arbitration panel.
PA H 558
PN: 718
AUTHOR: Dally [R]
TITLE: Civil Actions or Arbitration Proceedings
PREFILED: 02/26/2007
INTRODUCED: 03/07/2007
DISPOSITION: Pending
Commentary:
Provides for civil actions or arbitration proceedings for damages or indemnity for injury or loss to a dwelling or personal property arising out of or related to the design, construction, condition, sale or remodeling of a dwelling, for notice and opportunity to repair, for insurance requirements,
SC H 3674
AUTHOR: Cato [R]
TITLE: Health Care Financial Recovery and Protection Act
INTRODUCED: 03/08/2007
DISPOSITION: Pending
Commentary:
Amending existing act by adding: "CHAPTER 19 South Carolina Health Care Financial Recovery and Protection Act" including Section 44 19 60 which states that no portion of this section may be construed to prohibit parties to a provider contract from agreeing to submit their disputes to mediation or arbitration.
TX H 2426
AUTHOR: Truitt [R]
TITLE: Board of Nurse Examiners
INTRODUCED: 03/05/2007
DISPOSITION: Pending
Commentary:
Relates to Board of Nurse Examiners, states that party states may submit issues to an arbitration panel.
TX H 2665
AUTHOR: Truitt [R]
TITLE: Personal Automobile Insurance Policy
INTRODUCED: 03/06/2007
DISPOSITION: Pending
Commentary:
Provides for mediation: "If a dispute arises from a claim for damage to a motor vehicle under a personal automobile insurance policy and the claimant and the person against whom the claim is being asserted are each insured under a personal automobile insurance policy issued by the same insurer, the claimant may request that the insurer participate in mediation of the dispute with the claimant under this chapter."
TX H 3091
AUTHOR: Frost [D]
TITLE: Resolution Dispute
INTRODUCED: 03/08/2007
DISPOSITION: Pending
Commentary:
A person drafting a consumer arbitration agreement must clearly and conspicuously disclose any required arbitration, costs for said arbitration, and other charges. There are also publication requirements for "private arbitration" companies administering 50 or more consumer arbitrations in a year. The bill also prohibits certain pre dispute arbitration clauses in the insurance context.
TX H 3194
AUTHOR: Hill [R]
TITLE: Appraisal Review Board Orders and Arbitration
INTRODUCED: 03/08/2007
DISPOSITION: Pending
Commentary:
Relates to binding arbitration of certain appraisal review board orders; modifies arbitrator qualification requirements.
TX H 3265
AUTHOR: Eiland [D]
TITLE: Dispute Resolution and Insurance Policies
INTRODUCED: 03/08/2007
DISPOSITION: Pending
Commentary:
Prohibits insurance policy provisions requiring the covered person to submit to arbitration a dispute related to the coverage that arises after the agreement is entered into.
TX S 1167
AUTHOR: Duncan [R]
TITLE: Appeals in Cases Under the Federal Arbitration Act
INTRODUCED: 03/05/2007
DISPOSITION: Pending
Commentary:
Civil procedure bill relating to appeals under the FAA, allowing a person to "take an appeal or writ of error to the court of appeals from the judgment or interlocutory order of a district court, county court at law, or county court to the extent that appeal is permitted by 9 U.S.C. Section 16."
TX S 1170
AUTHOR: Hinojosa [D]
TITLE: Physician Contracts
INTRODUCED: 03/06/2007
DISPOSITION: Pending
Commentary:
In certain contracts with physicians and health care providers, said contract may include an agreement for binding arbitration.
TX S 1183
AUTHOR: Watson [D]
TITLE: Wage Control
INTRODUCED: 03/06/2007
DISPOSITION: Pending
Commentary:
Relating to the right of certain municipalities to maintain local control over wages, hours, and other terms of employment: "If the parties are unable to agree on procedures for the certification election, either party may request the American Arbitration Association to conduct the election and to certify the results of the election."
US H 1443
AUTHOR: Gutierrez [D-IL]
TITLE: Consumer Fairness Act of 2007
INTRODUCED: 03/09/2007
DISPOSITION: Introduced; Referred to Committee on Financial Services
The "Consumer Fairness Act of 2007" aims to "treat arbitration clauses which are unilaterally imposed on consumers as an unfair and deceptive trade practice and prohibit their use in consumer transactions."
UT H 44
AUTHOR: Urquhart [R]
TITLE: Motor Vehicle Insurance Arbitration
PREFILED: 12/18/2006
INTRODUCED: 01/15/2007
LAST AMEND: 02/09/2007
DISPOSITION: To Governor
VA H 2201
AUTHOR: McQuigg [R]
TITLE: Interstate Compact for Juveniles
PREFILED: 01/09/2007
INTRODUCED: 01/10/2007
LAST AMEND: 02/16/2007
DISPOSITION: To Governor
Commentary:
Creates the Interstate Compact for Juveniles, providing for mediation and other ADR types for disputes among compacting states.
VA S 1290
AUTHOR: Edwards [D]
TITLE: Interstate Compact for Juveniles
INTRODUCED: 01/10/2007
LAST AMEND: 01/26/2007
DISPOSITION: To Governor
WA S 5717
COMPANION: WA H 1532
AUTHOR: Berkey [D]
TITLE: Market Conduct Oversight Program
INTRODUCED: 01/29/2007
LAST AMEND: 03/07/2007
DISPOSITION: Pending
Commentary:
Establish and use a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination fees.
WV H 2763
SPONSOR: Kominar [D]
TITLE: Financial Examinations
INTRODUCED: 01/30/2007
LAST AMEND: 03/08/2007
DISPOSITION: Pending
Commentary:
A qualified independent certified public accountant may enter into an agreement with an insurer to have disputes relating to an audit resolved by mediation or arbitration. However, in the event of a delinquency proceeding commenced against the insurer under article ten of this chapter, the mediation or arbitration provisions shall operate at the option of the statutory successor.
REGULATION
No new regulations this week.
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