Federal Cases
Arbitrator Decides Challenge to Underlying Contract Whenever FAA Governs Arbitration Clause
DSAI, Inc. v. Market Direct, LLC, No. 06-4545, 2007 WL 551614 (D. Minn. Feb. 21, 2007)
2/21/2007
A federal court in Minnesota ruled that the Federal Arbitration Act (FAA) applied to a joint venture agreement whereby a Connecticut company provided services to a dry cleaning business in Minnesota. Accordingly, the Court ordered arbitration of all claims, including the Minnesota company's allegation that the agreement was void.
In DSAI, Inc. v. Market Direct, LLC, No. 06-4545, 2007 WL 551614 (D. Minn. Feb. 21, 2007), DSAI and Market Direct entered into a joint venture agreement whereby Market Direct would provide marketing services to DSAI's dry cleaning business... Full Story
Broad Arbitration Clause Empowers Arbitrator to Decide All Disputes, Including Enforceability of Exculpatory Clause
Apache Bohai Corp. LDC v. Texaco China BV, No. 05-20413, 2007 WL 587233 (5th Cir. Feb. 27, 2007)
2/27/2007
In upholding a $71 million arbitration award, the Fifth Circuit Court of Appeals held that the arbitration agreement allowed the arbitrator to rule on the enforceability of an exculpatory clause in the underlying agreement.
In Apache Bohai Corp. LDC v. Texaco China BV, No. 05-20413, 2007 WL 587233 (5th Cir. Feb. 27, 2007), Apache and Texaco entered into an agreement whereby Apache agreed to assume Texaco's drilling commitments in exchange for a share of future oil production.
With the drilling deadline fast approaching, Apache withdrew from the agreement, forcing Texaco to seek an extension from the party that requested the drilling. Subsequently, Texaco initiated arbitration proceedings against Apache in accordance with the agreement... Full Story
Federal Appeals Court Rejects "Manifest Disregard" Charge, Despite "Close Call" on Arbitrator's Application of Abuse of Process Law
Hicks v. Bank of America, N.A., Nos. 05-1399, 05-1525, 2007 WL 521175 (10th Cir. Feb. 21, 2007)
2/21/2007
The 10th Circuit Court of Appeals found an accusation of manifest disregard of the law to be unfounded, though the arbitrator's use of applicable abuse of process law made this conclusion a "close call."
In Hicks v. Bank of America, N.A., Nos. 05-1399, 05-1525, 2007 WL 521175 (10th Cir. Feb. 21, 2007), Hicks assumed personal liability on a substantial loan for his business from Bank of America (BOA), though for technical reasons the written and signed note included a greater financial liability than Hicks had actually assumed... Full Story
11th Circuit Finds Broad Preclusion Implications in Arbitration Panel's Ruling
Dadeland Depot, Inc. v. St. Paul Fire & Marine Ins. Co., No. 03-13540 D.C., 2007 WL 562862 (11th Cir. Feb. 26, 2007)
2/26/2007
In a decision that strongly affirms the breadth of legal implications arising from an arbitration panel's ruling, the 11th Circuit Court of Appeals ruled that defenses raised and dismissed in arbitration cannot be raised again in subsequent litigation.
In Dadeland Depot, Inc. v. St. Paul Fire & Marine Ins. Co., No. 03-13540 D.C., 2007 WL 562862 (11th Cir. Feb. 26, 2007), shopping center developer Dadeland contracted with St. Paul to act as surety on a performance bond. When structural and design defects were discovered, Dadeland ultimately won a $1.4 million award in arbitration, in a ruling which specifically held St. Paul bound to the award... Full Story
Bankruptcy Court Erred by Not Ordering Arbitration Where There Was No Inherent Conflict with the Bankruptcy Code
In re Electric Machinery Enterprises, Inc., No. 06-13733, 2007 WL 548781 (11th Cir. Feb. 23, 2007)
2/23/2007
The Eleventh Circuit Court of Appeals held that the bankruptcy court erred by not ordering arbitration where the debtor's claim was not a core proceeding and arbitration of the claim would not inherently conflict with the underlying purposes of the Bankruptcy Code.
In In re Electric Machinery Enterprises, Inc., No. 06-13733, 2007 WL 548781 (11th Cir. Feb. 23, 2007), Whiting Turner subcontracted electrical work on a project to Electric Machinery Enterprises (EME)... Full Story
Court Affirms Fairness of Arbitration Process in Employment Context
Humphrey v. Jim Walter Homes, Inc., No. 3:06CV00199GH (E.D.Ark. Feb. 8, 2007)
2/8/2007
A federal court in Arkansas rejected a challenge to an employment arbitration clause where the employee had not been "deprived of her free will" in signing the agreement.
In Humphrey v. Jim Walter Homes, Inc., No. 3:06CV00199GH (E.D.Ark. Feb. 8, 2007), Humphrey brought an age discrimination claim against her former employer. The employer moved to dismiss the claim and to stay proceedings pending arbitration. Humphrey argued that she signed the arbitration clause under duress and that arbitration is an inherently unfair process... Full Story
Arbitrators' Denials of Motion to Stay Not Misconduct, California Court Holds
In re Betta Products, Inc., Nos. 03-10925, 05-1046, 2007 WL 521211 (Bankr. N.D. Cal. Feb. 15, 2007)
2/15/2007
Arbitrators are not guilty of misconduct when they proceed with a hearing despite the fact that a party filed a motion to stay the arbitration in court because a previous court order directed that all motions to the stay the proceedings should be directed to the arbitrators, a federal court in California held.
In In re Betta Products, Inc., Nos. 03-10925, 05-1046, 2007 WL 521211 (Bankr. N.D. Cal. Feb. 15, 2007), Betta brought an action against Distribution Systems and Services, Inc. (DSS), alleging breach of contract and conversion... Full Story
Court Refuses Stay of E.E.O.C. Action Pending Arbitration Determination
E.E.O.C. v. Joslin Dry Goods Co., No. Civ.A. 05-CV-00177WD, 2007 WL 433144 (D. Colo. Feb. 2, 2007)
2/2/2007
A federal court in Colorado refused to stay an enforcement action brought by the Equal Employment Opportunity Commission (E.E.O.C.) pending appeal of an earlier order denying enforcement of an arbitration clause between the defendant employer and a former employee.
In E.E.O.C. v. Joslin Dry Goods Co., No. Civ.A. 05-CV-00177WD, 2007 WL 433144 (D. Colo. Feb. 2, 2007), the E.E.O.C. initiated an enforcement action on behalf of Wolff, a former employee of Joslin Dry Goods Company, who was allegedly sexually harassed by an assistant store manager... Full Story
Replevin Action Not Subject to Arbitration Where It Was Specifically Excepted from the Arbitration Agreement
GE Commercial Distribution Finance Corp. v. RER Performance, Inc., No. 3:06cv1700 (JBA), 2007 WL 521153 (D. Conn. Feb. 15, 2007)
2/15/2007
A federal court in Connecticut refused to stay a court action pending arbitration because the parties' arbitration agreement specifically excepted the underlying claim.
In GE Commercial Distribution Finance Corp. v. RER Performance, Inc., No. 3:06cv1700 (JBA), 2007 WL 521153 (D. Conn. Feb. 15, 2007), GE brought a replevin action against RER after RER failed to make payments due under the parties' financing agreements... Full Story
Arbitrators Did Not Manifestly Disregard the Law When Prima Facie Case Was Effectively Rebutted
Int'l Thunderbird Gaming Corp. v. United Mexican States, No. Civ.A. 06-00748 HHK, 2007 WL 477459 (D.D.C. Feb. 14, 2007)
2/14/2007
A federal court in the District of Columbia refused to vacate an arbitration award for manifest disregard of the law when a party claimed that it had established a prima facie case because the arbitrator's finding never indicated that the party did in fact establish a prima facie case.
In Int'l Thunderbird Gaming Corp. v. United Mexican States, No. Civ.A. 06-00748 HHK, 2007 WL 477459 (D.D.C. Feb. 14, 2007), Thunderbird, a Canadian corporation, sent letters to Mexican authorities asking if machines they planned to install would be legal in Mexico. Mexico said that the machines would be legal, but shortly after installation the machines were removed when it was determined that they involved luck and were therefore illegal under Mexican law... Full Story
Dispute Relating to Agreement Falls Within Scope of Arbitration Agreement
Anderson v. Docuport, Inc., slip copy, No. 06 CIV. 3069, 2007 WL 485342 (S.D.N.Y., Feb. 13, 2007)
2/13/2007
Arbitration agreement language indicating that "any or all disputes relating to" a promissory note extension agreement is sufficient in scope to include a dispute arising over the original promissory notes, a federal court in New York held.
In Anderson v. Docuport, Inc., slip copy, No. 06 CIV. 3069, 2007 WL 485342 (S.D.N.Y., Feb. 13, 2007), Anderson and others held promissory notes owed by Docuport. Docuport defaulted on the notes. Subsequently, Anderson entered into two extension agreements related to the original promissory notes. Docuport moved to dismiss and to compel arbitration based on arbitration agreements contained in the extension agreements... Full Story
McCarran-Ferguson Act Precludes FAA Preemption of Insurance Exclusion in Oklahoma's Arbitration Act
Mid-Continent Casualty Co. v. General Reinsurance Corp., No. 06-CV-0475-CVE-PJC, 2007 WL 539217 (N.D. Okla. Feb. 15, 2007)
2/15/2007
In construing the McCarran-Ferguson Act, a federal court in Oklahoma held that the Federal Arbitration Act (FAA) does not preempt a provision of the Oklahoma Uniform Arbitration Act (OUAA) excluding its application to contracts which reference insurance. Since the OUAA did not apply, the Court applied an Oklahoma statute disallowing agreements that limit access to the courts in refusing to enforce an arbitration clause in a reinsurance contract.
In Mid-Continent Casualty Co. v. General Reinsurance Corp., No. 06-CV-0475-CVE-PJC, 2007 WL 539217 (N.D. Okla. Feb. 15, 2007), Mid-Continent sued General Reinsurance (GRC), claiming that GRC failed to reimburse Mid-Continent for costs as required by a reinsurance contract between the parties... Full Story
Deferred Ruling on Enforceability of Arbitration Agreement Now Ripe for Consideration
In re Frascella Enterprises, Inc., No. 06-10322DWS, 2007 WL 474043 (Bankr. E.D. Pa. Feb. 08, 2007)
2/8/2007
A deferred ruling on the enforceability of an arbitration agreement in regards to its bar on class-wide proceedings is now ripe to be considered, a federal bankruptcy court in Pennsylvania held.
In In re Frascella Enterprises, Inc., No. 06-10322DWS, 2007 WL 474043 (Bankr. E.D. Pa. Feb. 08, 2007), Frascella issued "payday loans" to Turner and others, who commenced a class action against Frascella. The class action was moved to bankruptcy court after Frascella filed for bankruptcy protection... Full Story
State Cases
Arbitrator Exceeded Powers by Awarding Treble Damages When Claimant Only Sought Actual Damages
Block v. Plosia, 2007 WL 542615 (N.J. Super. Ct. App. Div. Feb. 23, 2007)
2/23/2007
A New Jersey appellate court held that an arbitrator exceeded his powers by awarding treble damages where the claimant never requested treble damages and the opposing party was thus denied notice of the full extent of his potential liability.
In Block v. Plosia, 2007 WL 542615 (N.J. Super. Ct. App. Div. Feb. 23, 2007), the Blocks hired Plosia to construct an addition to their home. The Blocks were dissatisfied with Plosia's work and thus hired another contractor to complete the project... Full Story
Florida Court Relies on Arbitration Agreement's Broad Language in Ordering Arbitration of Fraud and RICO Claims
Waterhouse Constr. Group, Inc. v. 5891 SW 64th Street, LLC, NO. 3D06-1452, 2007 WL 403721 (Fla. Dist. Ct. App. Feb. 7, 2007)
2/7/2007
While citing the well-settled policy that "arbitration is a favored means of dispute resolution," the Florida District Court of Appeal relied on the broad language of an arbitration agreement in reversing the trial court and ordering arbitration of fraud and RICO claims against a property developer.
In Waterhouse Constr. Group, Inc. v. 5891 SW 64th Street, LLC, NO. 3D06-1452, 2007 WL 403721 (Fla. Dist. Ct. App. Feb. 7, 2007), 5891 SW 64th Street ("Street") signed a joint venture and a construction contract with Waterhouse for the development of property owned by Street. Both contracts contained broadly worded arbitration agreements... Full Story
Court Properly Refused to Enter Judgment on Award Where Unresolved Issues Affecting Liability Were Not Submitted to the Arbitrator
Norton v. California Insurance Guarantee Ass'n, No. 31558, 2007 WL 528532 (Idaho Feb. 22, 2007)
2/22/2007
The Idaho Supreme Court held that a trial court properly refused to enter judgment on an arbitration award where issues affecting liability, including the availability of any offsets, were not submitted to the arbitrator.
In Norton v. California Insurance Guarantee Ass'n, No. 31558, 2007 WL 528532 (Idaho Feb. 22, 2007), Norton sought underinsured motorist benefits from his insurance carrier. After Norton's insurance carrier went bankrupt, his underinsured motorist claim was referred to the California Insurance Guarantee Association (CIGA)... Full Story
Louisiana Court Denies Motion to Compel Where Party Failed to Introduce Agreement "Into Evidence"
Succession of Bijeaux v. Broyles, No. 06-1172, 2007 WL 397190 (La. Ct. App. Feb. 7, 2007)
2/7/2007
According to the Court of Appeals of Louisiana, a party's failure to properly introduce an arbitration agreement into evidence prior to a dilatory exception of prematurity meant that the pleading party could not demonstrate the existence of a valid contract to arbitrate.
In Succession of Bijeaux v. Broyles, No. 06-1172, 2007 WL 397190 (La. Ct. App. Feb. 7, 2007), Citigroup, a successor to Smith Barney, Inc., sought to compel arbitration of petitioner Achille Bijeaux's claims that Smith Barney employees fraudulently purchased annuities with funds from his account. Bijeaux was deceased. In Louisiana civil-law terms, the procedural posture of this motion to compel is known as a "dilatory exception of prematurity," which seeks to slow the progress of a lawsuit, but does not necessarily aim to defeat it on the merits... Full Story
Courts May Construe an Arbitration Award to Make It Enforceable Without Impermissibly Modifying the Award
Johnson v. Newbold, No. A06-760, 2007 WL 583332 (Minn. Ct. App. Feb. 27, 2007)
2/27/2007
A state court in Minnesota held that a lower court's extension of a closing deadline in an arbitration award regarding the sale of a home is not an impermissible modification of the award because courts have authority to construe arbitration awards to make them enforceable.
In Johnson v. Newbold, No. A06-760, 2007 WL 583332 (Minn. Ct. App. Feb. 27, 2007), Johnson and Newbold jointly purchased a house in Hawaii. When Johnson decided to sell, Newbold decided to exercise a written option and buy out Johnson's interest. When disagreements arose over financing and personal property, the parties entered into arbitration... Full Story
Florida State Court: Narrowly Tailored Arbitration Agreement Does Not Include Breach of Contract Claims
Florida Environmental Services, Inc. v. Rentoumis, No. 4D06-2358, 2007 WL 517667 (Fla. Dist. Ct. App. Feb. 21, 2007)
2/21/2007
Noting both the narrow language of the arbitration clause and the specialized skill set required of the arbitrator, a Florida state court ruled that breach of contract claims were beyond the scope of the issues that the parties had agreed to arbitrate.
In Florida Environmental Services, Inc. v. Rentoumis, No. 4D06-2358, 2007 WL 517667 (Fla. Dist. Ct. App. Feb. 21, 2007), Florida Environmental Services ("FES") agreed to buy a company from Rentoumis. The purchase agreement contained an arbitration agreement covering disputes over purchase price adjustments and named an accounting firm to act as arbitrator... Full Story
Court Rejects Sham Arbitration Award Issued by Non-Authorized ADR Provider
Wells Fargo Bank v. Talmage, No. 05-706, 2007 WL 521180 (Mont. Feb. 21, 2007)
2/21/2007
The Supreme Court of Montana rejected an arbitration award where the debtor unilaterally sought relief in an arbitral forum not specified the parties' arbitration agreement and the dispute was not covered by the arbitration agreement.
In Wells Fargo Bank v. Talmage, No. 05-706, 2007 WL 521180 (Mont. Feb. 21, 2007), Wells Fargo brought suit to collect a credit card balance of just over $112,000. Talmage moved to dismiss, citing an arbitration award issued in his favor by the National Arbitration Counsel (NAC)... Full Story
Arbitrator's Evidentiary Rulings Not Subject to Court Review
Riccio v. Riccio, No. FM-11-722-04B, 2007 WL 581695 (N.J. Super. A.D. Feb. 27, 2007)
2/27/2007
Noting that "[a]rbitration is intended to avoid litigation," a New Jersey state court held that a party to arbitration is not entitled to a trial court hearing to determine whether an arbitrator's evidentiary rulings are correct.
In Riccio v. Riccio, No. FM-11-722-04B, 2007 WL 581695 (N.J. Super. A.D. Feb. 27, 2007), the parties submitted to binding arbitration to resolve financial issues relating to their marriage dissolution. After the arbitrator issued an award, Regina Riccio argued that the award should be vacated because the arbitrator failed to consider evidence that she deemed material to the dispute... Full Story
Performance of Contractual Prerequisites Necessary Prior to Appraisal
Hailey v. Auto-Owners Ins. Co., No. COA06-187, 2007 WL 505765 (N.C. Ct. App. Feb. 20, 2007)
2/20/2007
Contractual prerequisites contained within an insurance policy must be performed prior to invoking appraisal, an appellate court in North Carolina held.
In Hailey v. Auto-Owners Ins. Co., No. COA06-187, 2007 WL 505765 (N.C. Ct. App. Feb. 20, 2007), Hailey owned numerous commercial properties that were insured with Auto-Owners Insurance. Hailey filed claims and was paid, but later found that the amount of the claims were insufficient to cover his losses... Full Story
Mediated Settlement Agreement Upheld over Unconscionability Charges
Paciorkowski v. Minichiello, 2007 WL 506318 (N.J. Super. Ct. App. Div. Feb. 20, 2007)
2/20/2007
A New Jersey state court enforced a mediated settlement agreement because evidence did not support a participant's claim that the settlement was obtained under duress.
In Paciorkowski v. Minichiello, 2007 WL 506318 (N.J. Super. Ct. App. Div. Feb. 20, 2007), Minicheillo moved to have a court-annexed mediation settlement set aside as unenforceable. The parties' dispute revolved around Minicheillo's alleged embezzlement of funds and fraudulent accounting practices... Full Story
Ohio Supreme Court Says Motion to Enforce Arbitration May Be Considered Once Arbitration Award Has Been Vacated
The State ex. rel. City of Westlake v. Corrigan, 860 N.E.2d 1017 (Ohio Feb. 14, 2007)
2/14/2007
The Supreme Court of Ohio held that a court has jurisdiction to enforce an agreement to arbitrate after an arbitration award has been vacated.
In The State ex. rel. City of Westlake v. Corrigan, 860 N.E.2d 1017 (Ohio Feb. 14, 2007), the City and Shimola agreed to arbitrate a dispute over property damage after a jury award was vacated. An arbitration panel awarded $560,000 to Shimola, but Judge Corrigan granted Shimola's motion to vacate this award... Full Story
Texas Supreme Court Holds Agreement Incorporated by Reference to be Valid and Enforceable
In re Bank One, N.A., No. 06-0093, 2007 WL 549744 (Tex. Feb. 23, 2007)
2/23/2007
The Texas Supreme Court that an arbitration agreement incorporated by reference on a bank signature card is both valid and enforceable.
In In re Bank One, N.A., No. 06-0093, 2007 WL 549744 (Tex. Feb. 23, 2007), J & S Air, a Bank One customer, brought an action against Bank One, alleging that Bank One improperly honored forged checks. Bank One filed a motion to compel arbitration, arguing that the dispute was subject to arbitration because the signature cards, signed by J & S employees, incorporated an arbitration clause by reference... Full Story
Objection to Arbitration Award Must Be Timely
Garner v. MBNA America Bank, N.A., No. 05-05-01234-CV, 2007 WL 499646, (Tex. Ct. App. Feb. 16, 2007)
2/16/2007
An objection to an arbitration award made after the timeframe in which to move for vacatur is time-barred, an appellate court in Texas held.
In Garner v. MBNA America Bank, N.A., No. 05-05-01234-CV, 2007 WL 499646, (Tex. Ct. App. Feb. 16, 2007), MBNA pursued arbitration to recover Garner's overdue balance on an open line of credit with MBNA. MBNA sought to confirm the arbitration award issued against Garner... Full Story
ADR Legislation & Regulation
LEGISLATION
AR S 783
AUTHOR: Bisbee [R]
TITLE: Residential Building Contractors
INTRODUCED: 02/28/2007
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.
FL S 2488
AUTHOR: Haridopolos [R]
TITLE: Recreational Vehicle Dealers and Manufacturers
PREFILED: 03/01/2007
DISPOSITION: Pending
Commentary:
Relates to recreational vehicle dealers and manufacturers, and allows for mediation of disputes.
HI H 1253
AUTHOR: Say [D]
TITLE: Governors Package Bill
INTRODUCED: 01/22/2007
LAST AMEND: 03/01/2007
DISPOSITION: Pending
Commentary:
In actions (lawsuits or arbitration) against healthcare providers, this bill would exclude any expression of sympathy from evidence.
HI H 1627
AUTHOR: Herkes [D]
TITLE: Condominiums
INTRODUCED: 01/23/2007
LAST AMEND: 03/01/2007
DISPOSITION: Pending
Commentary:
This bill provides for condominium dispute resolution, including arbitration and mediation.
MO H 989
SPONSOR: Davis [R]
TITLE: Unsecured Loans
INTRODUCED: 02/27/2007
DISPOSITION: Pending
Commentary:
In unsecured lending, this bill makes it unlawful for lenders to "requir[e] the borrower to submit to arbitration or imposes onerous legal notice provisions in the case of a dispute."
MO S 589
SPONSOR: Bray [D]
TITLE: Relating To The Uniform Planned Community Act
INTRODUCED: 02/26/2007
DISPOSITION: Pending
Commentary:
Allows for arbitration of disputes under the Uniform Planned Community Act, provided that such agreements are made in writing and signed by the parties.
NJ A 4042
SPONSOR: Conaway [D]
TITLE: Nurse Multistate License Compact
PREFILED: 02/22/2007
INTRODUCED: 02/26/2007
DISPOSITION: Pending
Commentary:
Enters NJ into the Nurse Multistate Licensure Compact and provides for an arbitration panel to handle disputes.
NM H 1275
AUTHOR: Cervantes [D]
TITLE: Jurisdiction for Lease and Rental Contracts
INTRODUCED: 02/15/2007
LAST AMEND: 03/01/2007
DISPOSITION: Pending
Commentary:
In lease or rental contracts, provides that "If the forum for an arbitration or mediation hearing chosen by the parties to a consumer lease is in a state or in a similar political subdivision in a foreign country other than the state or the similar subdivision in the foreign country in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days hereafter or in which the goods are to be used, the choice is not enforceable."
NY A 5847
SPONSOR: John [D]
TITLE: Certified Nurse Practitioners Pilot Program
INTRODUCED: 02/26/2007
DISPOSITION: Pending
Commentary:
Nurse practitioners may initiate arbitration over a disputed bill.
NY A 5958
SPONSOR: Schimminger [D]
TITLE: Public Arbitration Panel
INTRODUCED: 02/26/2007
DISPOSITION: Pending
Commentary:
Requires the public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined in this bill.
NY S 3173
SPONSOR: Volker [R]
TITLE: Vessel Lemon Law
INTRODUCED: 02/27/2007
DISPOSITION: Pending
Commentary:
Provides that "each consumer shall have the option of submitting any [Lemon Law] dispute arising under this section upon the payment of a prescribed filing fee to an alternative arbitration mechanism..." This arbitration system shall be conducted by a professional arbitrator or arbitration firm appointed by the Attorney General.
NY S 3232
SPONSOR: Winner [R]
TITLE: Mediation of Land Use Decisions
INTRODUCED: 02/28/2007
DISPOSITION: Pending
Commentary:
Provides for mediation of land use decisions.
OR H 2908
AUTHOR: Judiciary Cmt
TITLE: Uninsured Motorist Coverage
INTRODUCED: 03/01/2007
DISPOSITION: Pending
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 719
AUTHOR: Walker [D]
TITLE: Domestic Relations
INTRODUCED: 02/28/2007
DISPOSITION: Pending
Commentary:
Provides for child custody mediation.
PA H 558
AUTHOR: Dally [R]
TITLE: Civil Actions or Arbitration Proceedings
PREFILED: 02/26/2007
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.
RI H 5956
AUTHOR: Lewiss [D]
TITLE: Business And Professions
INTRODUCED: 03/01/2007
DISPOSITION: Pending
Commentary:
Creates the "Nurse Licensure Compact," which allows party states to submit issues to an arbitration panel.
TX H 2166
AUTHOR: Bailey [D]
TITLE: Compensable Injuries
INTRODUCED: 02/28/2007
DISPOSITION: Pending
Commentary:
Relates to creation and operation of a pilot program for certain voluntary alternative agreements regarding compensable injuries.
UT S 236
AUTHOR: Eastman [R]
TITLE: Trademark Protection Act
PREFILED: 01/27/2007
INTRODUCED: 02/15/2007
LAST AMEND: 02/22/2007
DISPOSITION: To Governor
Commentary:
This bill, titled the "Trademark Protection Act," establishes a new type of mark, called an "electronic registration mark," that may not be used to trigger advertising for a competitor and creates a database for use in administering marks.
UT S 262
AUTHOR: Madsen [R]
TITLE: Real Property Amendments
PREFILED: 01/27/2007
INTRODUCED: 02/09/2007
LAST AMEND: 02/21/2007
DISPOSITION: Failed
Commentary:
Sets requirements for arbitration of real property disputes.
REGULATIONS
FL 31418 (2006)
AUTHOR: Dept. of Business and Professional Regulation
TITLE: Procedures and Definitions for Mediators
PROPOSED: 09/29/2006
ADOPTED: 02/05/2007
Commentary:
Mediation provisions for condominium and mobile home disputes.
MS 10916 (2007)
AUTHOR: Department of Insurance
TITLE: Special Mediation Program for Hurricane Katrina Claims
PROPOSED: 02/27/2007
ADOPTED: 02/27/2007
Commentary:
This emergency regulation creates a special mediation program for personal lines residential insurance claims related to Hurricane Katrina.
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