Federal Cases
8th Circuit: Dispute over Whether Arbitration Clause Is Enforceable Falls Under Contract's "Exceptions" to Arbitrable Issues
Enderlin v. XM Satellite Radio Holdings, Inc., No. 06-3420, 2007 WL 1138368 (8th Cir. Apr. 18, 2007)
4/18/2007
The 8th Circuit Court of Appeals has ruled that although a consumer's claim that an arbitration clause is void falls within the agreement's broad range of arbitrable issues, the "plain language" setting forth exceptions to that range make the issue of arbitrability one for the courts to decide.
In Enderlin v. XM Satellite Radio Holdings, Inc., No. 06-3420, 2007 WL 1138368 (8th Cir. Apr. 18, 2007), Enderlin claimed that an arbitration agreement which he entered into through a purchase from XM Satellite Radio Holdings, Inc. (XM Radio) was void because it lacked mutuality, was unconscionable, and violated public policy. XM Radio argued that the issue of arbitrability was for the arbitrator alone to decide... Full Story
Bankruptcy Court Orders Arbitration of TILA Claim Because Arbitration Would Not Conflict with Bankruptcy Code
In re Dawsey, No. 07-1011-DHW, 2007 WL 1140358 (Bankr. M.D. Ala. Apr.16, 2007)
4/16/2007
A federal bankruptcy court in Alabama has ruled that a debtor's claim under the Truth in Lending Act (TILA) was subject to arbitration – even if the claim constituted a "core proceeding" – because arbitration of the claim would not "inherently conflict with the underlying purposes of the Bankruptcy Code."
In re Dawsey, No. 07-1011-DHW, 2007 WL 1140358 (Bankr. M.D. Ala. Apr.16, 2007) concerned a dispute between the Dawseys, who financed a new car purchase through defendant Citifinancial Auto Corp. (CAC) and later declared bankruptcy... Full Story
No Finding of Partiality of Arbitrator Absent Showing of Actual Bias
White v. Mayflower Transit, LLC, No. CV 06-6710 CASPLAX, 2007 WL 1113681 (C.D. Cal. Jan. 02, 2007)
1/2/2007
A federal court in California held that absent a showing of actual bias, there can be no finding of partiality on behalf of an arbitrator.
In White v. Mayflower Transit, LLC, No. CV 06-6710 CASPLAX, 2007 WL 1113681 (C.D. Cal. Jan. 02, 2007), Zeddrick White contracted with Mayflower for delivery of personal items. A dispute between the parties was submitted to arbitration and an award was issued in favor of Mayflower. Upon granting Mayflower's motion to confirm the award, the Court directed White to file a second amended complaint including claims undecided by the award. The claims were dismissed with prejudice. See White v. Mayflower Transit, LLC, No. CV 06 6710 CAS PLAX, 2007 WL 926967 (C.D. Cal. Mar. 19, 2007). However, White alleged bias on behalf of the arbitrator, seeking a modification of the award. Mayflower moved to confirm the award... Full Story
Uncontested Confirmation Proceedings Should Be Treated As Unopposed Motion for Summary Judgment, Not Default, Holds New York Federal Court
Herrenknecht Corp. v. Best Road Boring, 2007 WL 1149122 (S.D.N.Y. Apr. 16, 2007)
4/16/2007
A federal court in New York cited Second Circuit precedent in ruling that uncontested confirmation proceedings should be treated as an unopposed motion for summary judgment rather than a motion for default judgment. Accordingly, the Court examined the party's submissions in deciding whether to confirm the award.
In Herrenknecht Corp. v. Best Road Boring, 2007 WL 1149122 (S.D.N.Y. Apr. 16, 2007), Herrenknecht leased equipment to Best Road. When Best Road stopped making payments, Herrenknecht recovered the equipment and filed an arbitration claim for breach of the lease. Best Road failed to appear at arbitration, and an award was issued in Herrenknecht's favor. Herrenknecht moved to confirm the award and for default judgment... Full Story
State Cases
Presumption in Favor of Arbitration Does Not Extend to Jury Trial Waivers
Mikey's Houses LLC v. Bank of America, N.A., No. 2-05-397-CV, 2007 WL 1299332 (Tex. App. May 3, 2007)
5/3/2007
In applying a presumption against the contractual waiver of the right to a jury trial, the Texas Court of Appeals held that the presumption in favor of arbitration does not extend to jury trial waivers because there are several differences between arbitration agreements and jury trial waivers, including the public policy in favor of arbitration and state and federal statutes requiring the enforcement of arbitration agreements.
In Mikey's Houses LLC v. Bank of America, N.A., No. 2-05-397-CV, 2007 WL 1299332 (Tex. App. May 3, 2007), Mikey's Houses entered into a contract to buy a house and lot from Bank of America. After the sales contract was signed, Bank of America presented Mikey's Houses with an addendum containing various provisions, including a waiver of the right to a jury trial. Both parties signed the addendum... Full Story
Ohio Supreme Court Preserves Arbitration Agreement by Severing Provision for Heightened Review
Ignazio v. Clear Channel Broadcasting, Inc., 865 N.E.2d 18 (Ohio May 9, 2007)
5/9/2007
In addressing the enforceability of an arbitration agreement that provided for heightened judicial review, the Ohio Supreme Court held that the provision for heightened review, though unenforceable under Ohio law, did not render the entire agreement unenforceable because (1) the agreement contained a severability clause and (2) the provision for heightened review was not essential to the agreement.
In Ignazio v. Clear Channel Broadcasting, Inc., 865 N.E.2d 18 (Ohio May 9, 2007), Ignazio sued Clear Channel, her former employer, for discrimination and wrongful termination... Full Story
California Appeals Court Orders Arbitration for Non-Signatories Through Estoppel, Incorporation
Diamond Environmental Services, LLC v. Valenta, No. D048414, 2007 WL 1113994 (Cal. Ct. App. Apr. 16, 2007)
4/16/2006
Declaring that a party cannot use one clause of an agreement against a non-signatory, and at the same time "deny them the benefit of the arbitration clause that is contained in that same agreement," a California Appeals Court ordered all parties into arbitration.
In Diamond Environmental Services, LLC v. Valenta, No. D048414, 2007 WL 1113994 (Cal. Ct. App. Apr. 16, 2007), Diamond Environmental Services (DES) agreed to purchase portable restroom equipment from Portosan, LLC. The purchase agreement, signed by DES and Portosan, contained a broadly worded arbitration agreement... Full Story
California Appeals Court Rules Allegation of Unenforceable Mediation Settlement Satisfies "Good Cause" Exception to Rule Requiring Case Dismissal
Irvine v. Regents of University of California, No. G036259, 2007 WL 1113727 (Cal. Ct. App. April 16, 2007)
4/16/2007
The California Court of Appeals has ruled that a rule designed to improve case management cannot be used to make substantive judgments on a disputed mediation settlement, but that an allegation that the settlement is unenforceable does satisfy the "good cause" exception to the rule requiring dismissal of a case.
In Irvine v. Regents of University of California, No. G036259, 2007 WL 1113727 (Cal. Ct. App. April 16, 2007), Ms. Irvine had spent several years on a waiting list for an organ transplant, after allegedly being pushed down the donor priority list for business reasons by Defendant the University of California at Irvine Medical Center (UCI-MC)... Full Story
Massachusetts Supreme Court Upholds Broad Reading of Tobacco Settlement Arbitration Agreement, Denies State Effort to Litigate Payment Amount
Commonwealth v. Philip Morris Inc., No. SJC-09889, 2007 WL 1168384 (Mass. April 23, 2007)
4/23/2007
Citing both the broad language of the agreement, and the practical necessity of a unitary dispute resolution process for resolving disagreements over payment of tobacco settlement fees, the Supreme Judicial Court of Massachusetts has affirmed a decision giving broad effect to an expansively phrased arbitration provision.
The dispute in Commonwealth v. Philip Morris Inc., No. SJC-09889, 2007 WL 1168384 (Mass. April 23, 2007) arose from a decision by tobacco companies to withhold certain funds from their annual payments due to the states under a "Master Settlement Agreement" (MSA), which ended a host of lawsuits by states against those companies... Full Story
North Carolina Appeals Court Finds Home Inspection Arbitration Agreement Signed After Inspection Not Enforceable
Edwards v. Taylor, No. COA06-883, 2007 WL 1119395 (N.C. Ct. App. April 17, 2007)
4/17/2007
A North Carolina Court of Appeals has ruled that a home inspection arbitration agreement signed after the inspection had been completed and paid for was unenforceable.
In Edwards v. Taylor, No. COA06-883, 2007 WL 1119395 (N.C. Ct. App. April 17, 2007), Edwards contracted to buy a home from Taylor, and arranged by phone to have co-defendant Smith–sole shareholder of The Home Inspector, Inc.–conduct a pre-purchase inspection of the home... Full Story
"Failure to Read" Defense Rejected in Enforcement of Arbitration Agreement
Robert J. Denley Co., Inc. v. Neal Smith Const. Co., Inc., slip copy, No. W2006-00629-COA-R3-CV, 2007 WL 1153121 (Tenn. Ct. App. Apr. 19, 2007)
4/19/2007
In enforcing an American Institute of Architects form arbitration agreement, an appellate court in Tennessee held that the parties mutually assented to arbitration and found no fraudulent inducement.
In Robert J. Denley Co., Inc. v. Neal Smith Const. Co., Inc., slip copy, No. W2006-00629-COA-R3-CV, 2007 WL 1153121 (Tenn. Ct. App. Apr. 19, 2007), Denley and Smith, parties to a construction contract, disputed the validity of their arbitration agreement. The arbitration agreement was contained within the "general conditions," incorporated into the main A101 contract by reference... Full Story
ADR Legislation & Regulation
LEGISLATION
CO S 216
SPONSOR: Veiga [D]
TITLE: Mortgage Loan Fraud
INTRODUCED: 03/06/2007
LAST AMEND: 05/03/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
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."
CT H 7024
INTRODUCER: Joint Public Safety and Security
TITLE: Intrastate Mutual Aid System
INTRODUCED: 02/01/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Creates an intrastate mutual aid system for municipalities. Any dispute between political subdivisions regarding reimbursement shall be resolved by the parties not later than thirty days after written notice of the dispute by the party asserting noncompliance. If the dispute is not resolved within ninety days of the notice of the claim, either party may request that the dispute be resolved through arbitration. Any such arbitration shall be conducted under the commercial arbitration rules of the American Arbitration Association.
DE S 69
PRIMARY SPONSOR: Adams [D]
TITLE: Relating To Arbitration
INTRODUCED: 04/03/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
This bill would grant 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.
FL H 923
COMPARE: FL S 1444
AUTHOR: Ambler [R]
TITLE: Home Court Advantage Pilot Program
INTRODUCED: 03/06/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
Establishes a pilot program in two FL counties to employ ADR methods relating to deed restrictions or covenants in deed restricted communities; cites AAA ethics code.
FL H 1373
COMPARE: FL H 433, FL S 902
SIMILAR: FL S 2816
AUTHOR: Jobs and Entrepreneurship Council Cmt
TITLE: Community Associations
INTRODUCED: 03/06/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
Community Association disputes: MANDATORY NONBINDING ARBITRATION AND MEDIATION OF DISPUTES. The Division of Florida Land Sales, Condominiums, Homeowners' Associations, and Mobile Homes of the Department of Business and Professional Regulation shall employ full time attorneys to act as arbitrators to conduct the arbitration hearings provided by this chapter. The division may also certify attorneys who are not employed by the division to act as arbitrators to conduct the arbitration hearings provided by this section.
FL H 1457
SIMILAR: FL H 7205, FL S 2488
AUTHOR: Economic Expansion and Infra Council Cmt
TITLE: Recreational Vehicle Dealers and Manufacturers
INTRODUCED: 03/06/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
Limits ability of manufacturer/distributor of RVs to "coerce" dealers to "enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities"
FL H 7077
COMPARE: FL H 1267, FL H 1375, FL S 2498, FL S 2894
SIMILAR: FL S 1866
AUTHOR: Jobs and Entrepreneurship Council Cmt
TITLE: Hurricane Preparedness and Insurance
INTRODUCED: 03/26/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
General: Revises various provisions of insurance law relating to coverage under Florida Hurricane Catastrophe Fund; continues to insist that for access to the funds, "The corporation shall provide a process for neutral arbitration of any dispute between the corporation and the insurer."
FL S 1444
COMPARE: FL H 923
AUTHOR: Judiciary Cmt
TITLE: Home Court Advantage Pilot Program
INTRODUCED: 03/06/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
Provides: "Within 30 days after the home court magistrate issues an order requiring the final hearing, the parties shall be required to attend mediation conducted pursuant to the rules of practice and procedure adopted by the Supreme Court pursuant to s. 44.102, Florida Statutes."
FL S 1782
AUTHOR: Banking and Insurance Cmt
TITLE: Marine Insurance
INTRODUCED: 03/07/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
Enacting and amending existing act to include mediation of maritime insurance disputes.
FL S 2434
COMPARE: FL H 1047, FL H 1447, FL H 1449, FL S 744, FL S 1038
LINKED: FL S 2240
AUTHOR: Appropriations General Government Cmt
TITLE: Video Lotteries
INTRODUCED: 03/15/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
Relates to video lotteries; video lotteries are not allowed to operate unless a written agreement on payment of purses to horse owners is in place; IF agreement has not been reached, dispute will go to binding arbitration under AAA rules and auspices.
FL S 2816
COMPARE: FL H 433, FL S 902
SIMILAR: FL H 1373
AUTHOR: Community Affairs Cmt
TITLE: Community Associations
INTRODUCED: 03/20/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
Amends law relating to arbitration and mediation of community association disputes.
HI H 90
AUTHOR: Herkes [D]
TITLE: National Conference of Insurance Legislature
INTRODUCED: 01/18/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
Enacts a new Article of insurance law "to establish a framework for insurance division market conduct actions." Allows for the establishment of a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination costs and fees.
HI H 1253
COMPANION: HI S 1339
AUTHOR: Say [D]
TITLE: Governors Package Bill
INTRODUCED: 01/22/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
In actions (lawsuits or arbitration) against healthcare providers, this bill would exclude any expression of sympathy from evidence.
HI S 1008
AUTHOR: Taniguchi [D]
TITLE: Annuities
INTRODUCED: 01/19/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
Lists as an "unfair claim settlement practice": "Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration."
HI S 1060
AUTHOR: Hooser [D]
TITLE: Workers' Compensation Law
INTRODUCED: 01/19/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
This bill amends existing worker's compensation law. Among the amendments is a provision for the mediation of worker's compensation disputes.
HI S 1803
COMPANION: HI H 1698
AUTHOR: Ige [D]
TITLE: Health Insurance
INTRODUCED: 01/24/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
Defines as an "unfair claims settlement practice": "Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration."
IN S 49
AUTHOR: Zakas [R]
TITLE: Probate Administration
INTRODUCED: 01/08/2007
ENACTED: 05/10/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
Relates to probate administration; requires party to dispute to agree to "Participate in mediation or submit to arbitration to resolve any dispute concerning the claim or demand."
LA S 256
AUTHOR: Hollis [R]
TITLE: Motor Vehicles
INTRODUCED: 04/30/2007
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
Proposed law makes void and unenforceable any litigation or arbitration clause contained in a motor vehicle credit transaction which would remove the transaction outside of Louisiana (VENUE limitation law)
MA H 900
AUTHOR: Ayers [D]
TITLE: Automobile Insurance Property Damage
INTRODUCED: 01/10/2007
DISPOSITION: Pending
LOCATION: Joint Committee on Financial Services
Commentary:
Bill relating to arbitration for automobile insurance property damage. Provides for arbitration of repair disputes. The arbitrators will be auto damage appraisers.
MA H 947
AUTHOR: Fennell [D]
TITLE: Automobile Insurance Property Damage
INTRODUCED: 01/10/2007
DISPOSITION: Pending
LOCATION: Joint Committee on Financial Services
Commentary:
Bill relating to arbitration for automobile insurance property damage. Provides for arbitration of repair disputes. The arbitrators will be auto damage appraisers.
MD H 449
CROSSFILED WITH: MD S 502
AUTHOR: Feldman [D]
TITLE: Vehicle Protection Product
INTRODUCED: 02/05/2007
ENACTED: 05/08/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 407
Commentary:
Prohibits a vehicle protection product from being sold or offered for sale in the State unless the seller and the warrantor of the vehicle protection product, and warrantor's administrator, comply with the Act; provides that a seller, warrantor, or administrator that complies with the Act is not subject to specified provisions of law. Also provides for "private mediation services" to settle vehicle protection product warranty disputes.
ME H 1337
LD: 1903
AUTHOR: Koffman [D]
TITLE: Mold in Buildings
INTRODUCED: 05/09/2007
DISPOSITION: Pending
LOCATION: Joint Committee on Natural Resources
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.
MN S 1312
COMPANION: MN H 1418
AUTHOR: Chaudhary [DFL]
TITLE: Natural Resources
INTRODUCED: 02/26/2007
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
Amending existing act relating to environment and natural resources policy. Amendments include: Sec. 11. AQUATIC PLANT RULEMAKING. "The commissioner shall consult with the commissioner of
administration regarding the feasibility of using mediation services during the process of developing the rules."
MN S 2096
AUTHOR: Anderson [DFL]
TITLE: State Government
INTRODUCED: 03/22/2007
LAST AMEND: 05/04/2007
LINE ITEM: 05/08/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER #: 57
Commentary:
Amending an act regarding appropriations. A late amendment to the appropriations bill included: Sec. 62. {332A.10} WRITTEN DEBT MANAGEMENT SERVICES AGREEMENT. Subd. 4. Prohibited terms. The following terms shall not be included in the debt management services agreement: (7) a mandatory arbitration clause. This same clause also appears in two other Minnesota bills: SB1532 and HB1515. Both bills are still currently alive.
MT S 74
AUTHOR: Jent [D]
TITLE: Title Loan Act
PREFILED: 12/11/2006
INTRODUCED: 01/03/2007
LAST AMEND: 04/19/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
A title loan arbitration clause may not be oppressive or unconscionable mandatory arbitration clauses complying with AAA rules will be presumptively valid.
MT S 165
AUTHOR: Brueggeman [R]
TITLE: Deferred Deposit Loan Act
INTRODUCED: 01/03/2007
LAST AMEND: 03/28/2007
ENACTED: 05/08/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
In deferred deposit loans, prohibits unconscionable mandatory arbitration clauses, but presumes that those complying with AAA rules are valid.
NJ A 4150
SPONSOR: Conaway [D]
TITLE: Health Claims
INTRODUCED: 05/10/2007
DISPOSITION: Pending
LOCATION: Assembly Financial Institutions and Insurance Committee
Commentary:
This bill updates the criteria for determining health claims to be "clean claims" for purposes of insurance payers' prompt adjudication and payment of such claims in relation to New Jersey's recent passage of a prompt pay arbitration program, passed last year as NJ SB2824. Specifically, with respect to any claim submitted by electronic means, the bill prohibits a payer from requiring that the payer's postal mailing address be submitted on the claim form in order for the claim to be adjudicated as a clean claim. Additionally for such electronic claims, if the claimant still volunteers a postal mailing address on the claim form, the bill prohibits a payer from delaying or denying adjudication of the claim if submitted with an incorrect address. The intent of the bill is to deemphasize, with respect to electronically filed claims, the need for claimants to include a payer's correct postal mailing address for purposes of adjudicating an otherwise clean claim.
NY A 434
SPONSOR: Gantt [D]
TITLE: Motor Vehicle Franchise Dealer Administrative Hearings
INTRODUCED: 01/03/2007
LAST AMEND: 05/08/2007
DISPOSITION: Pending
LOCATION: Assembly Transportation Committee
Commentary:
The May 8, 2007 amended version of this bill provides a system for mediation of franchisor dealer disputes. Under the new statute, any franchised motor vehicle dealer aggrieved under the provisions of the motor vehicle franchise statute would be entitled to mediation upon request. The bill does not state who would provide the mediation services.
NY A 2491
SPONSOR: Morelle [D]
TITLE: The Arts and Artifacts Domestic Indemnity Act
INTRODUCED: 01/17/2007
LAST AMEND: 03/07/2007
DISPOSITION: Pending
LOCATION: Senate Investigations and Government Operations Committee
Commentary:
Amending the arts and cultural affairs law, including Section 62.07 which provides for arbitration of issues relating to damages for less than total destruction.
NY A 8114
SPONSOR: Bradley [D]
TITLE: Health Care Services Equitable Claims Settlement
INTRODUCED: 05/04/2007
DISPOSITION: Pending
LOCATION: Assembly Insurance Committee
Commentary:
This is a health claims prompt pay bill that would require an insurer or organization or corporation to pay claims to a policyholder or covered person or make a payment to a health care provider within fifteen days of receipt of an electronic claim or within thirty days of a manually filed claim. Any objections to refund requests that cannot be resolved amongst the insurer and health care provider within thirty days from the receipt of the objection shall be resolved according to procedures established by parties in their contract or by third party arbitration for a determination within thirty days. This appears to be a mirror image of Senate Bill 5540.
NY S 1589
SPONSOR: Libous [R]
TITLE: Motor Vehicle Franchise Dealer Administrative Hearings
INTRODUCED: 01/23/2007
LAST AMEND: 05/07/2007
DISPOSITION: Pending
LOCATION: Senate Transportation Committee
Commentary:
The May 7, 2007 amended version of this bill provides a system for mediation of franchisor dealer disputes. Under the new statute, any franchised motor vehicle dealer aggrieved under the provisions of the motor vehicle franchise statute would be entitled to mediation upon request. The bill does not state who would provide the mediation services.
NY S 5773
SPONSOR: Seward [R]
TITLE: Arbitration of No Fault Motor Vehicle Insurance Claims
INTRODUCED: 05/08/2007
DISPOSITION: Pending
LOCATION: Senate Insurance Committee
Commentary:
This bill would require amend current law to make arbitration of no fault motor vehicle insurance claims mandatory instead of discretionary: "All disputes involving the insurer's liability to pay first party benefits, or additional first party benefits, the amount thereof or any other matter which may arise pursuant to subsection (a) of this section shall be submitted to arbitration pursuant to simplified procedures to be promulgated or approved by the superintendent. Such simplified procedures shall include an expedited eligibility hearing option, when required, to designate the insurer for first party benefits pursuant to subsection (d) of this section. The expedited eligibility hearing option shall be a forum for eligibility disputes only, and shall not include the submission of any particular bill, payment or claim for any specific benefit for adjudication, nor shall it consider any other defense to payment."
OK H 2111
AUTHOR: Cargill [R]
TITLE: Office of the Governor
INTRODUCED: 02/05/2007
ENACTED: 05/04/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
The University Hospitals Trust shall require any agreements which it enters into ... for the operations of facilities leased by the University Hospitals Authority to the Trust to include..."Binding arbitration shall not be involved in such agreements for resolving issues under consideration by the governing committee."
OR H 2109
AUTHOR: Minnis [R]
TITLE: Divide Content of Construction Contractor Statute
INTRODUCED: 01/08/2007
ENACTED: 05/09/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
Makes divisions and technical changes to a construction contractor statute, which includes right to repair provisions requiring certain actions before commencing litigation or arbitration.
OR H 2908
AUTHOR: Judiciary Cmt
TITLE: Uninsured Motorist Coverage
INTRODUCED: 03/01/2007
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
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 330
AUTHOR: Courtney [D]
TITLE: Intrastate Mutual Assistance Compact
INTRODUCED: 01/12/2007
ENACTED: 05/07/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
This bill creates an intrastate mutual assistance compact among local governments to allow local governments maximum flexibility to share law enforcement resources and streamlines the process by which local government can request assistance from another local government under certain circumstances. Provides for arbitration of disputes arising under the Compact using the American Arbitration Association.
OR S 484
AUTHOR: Commerce Cmt
TITLE: Unlawful Trade Practices
INTRODUCED: 02/05/2007
LAST AMEND: 05/04/2007
DISPOSITION: Pending
LOCATION: House Consumer Protection Committee
Commentary:
The May 4, 2007 amended bill allows a consumer to revoke a provision of contract that requires the consumer to assert a claim against another party to a contract in a forum that is less convenient, more costly or more dilatory than judicial forum in this state. The bill would allow parties to appear by telephone in proceedings arising out of consumer contract.
OR S 659
AUTHOR: George [R]
TITLE: Binding Arbitration
INTRODUCED: 02/26/2007
LAST AMEND: 05/09/2007
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
Authorizes binding arbitration for disputes with licensed real estate professionals, but states that, "A claim, counterclaim or cross claim in a binding arbitration proceeding asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the activities for which the person is licensed may not be made unless the claimant or the claimant's attorney certifies that the claimant or attorney has consulted a real estate licensee who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the real estate licensee." Before its recent amendment, this bill related to the enforceability of arbitration clauses in such disputes.
OR S 965
AUTHOR: Avakian [D]
TITLE: Lending Practices
INTRODUCED: 03/08/2007
LAST AMEND: 05/08/2007
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
Titled the "Oregon Home Loan Fairness Act," this bill originally would have prohibited such loans from being subject to "[a] mandatory arbitration clause that is oppressive, unfair, unconscionable or substantially in derogation of the rights of consumers." The May 8, 2007 amendment of this bill removed the above provision.
US H 2125
SPONSOR: Oberstar [DFL]
TITLE: Competition in Rail Industry
INTRODUCED: 05/03/2007
DISPOSITION: Pending
LOCATION: House Transportation & Infrastructure Committee
Commentary:
A bill "to ensure competition in the rail industry, enable rail customers to obtain reliable rail service, and provide those customers with a reasonable process for challenging rate and service disputes.
Sec. 304 contains states: "In General Whenever a dispute described in subsection (b) arises between a rail shipper and a rail carrier under this part, the Board shall,upon written request of any party to the dispute, submit the dispute to final offer arbitration.
VT H 531
AUTHOR: Health Care Cmt
TITLE: Catamount Health
INTRODUCED: 03/21/2007
LAST AMEND: 05/10/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
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.
VT S 52
AUTHOR: Transportation Cmt
TITLE: Off Road Vehicles
INTRODUCED: 01/23/2007
ENACTED: 05/10/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
Provides that the new motor vehicle arbitration board be attached to the department of motor vehicles.
REGULATION
No new regulations.
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