Federal Cases
Agreement to Arbitrate May Be Sufficient To Waive Sovereign Immunity
Oglala Sioux Tribe v. C&W Enterprises, Inc., No. 07-3269, 2008 WL 4093007 (8th Cir. Sept. 5, 2008)
9/15/2008 12:00:00 AM
The Eighth Circuit Court of Appeals recently examined whether an Indian tribe had effectively waived its sovereign immunity by active participation in arbitration proceedings and whether the state court had jurisdiction to enforce the rendered award.
In Oglala Sioux Tribe v. C&W Enterprises, Inc., No. 07-3269, 2008 WL 4093007 (8th Cir. Sept. 5, 2008), the Tribe and C&W entered into four contracts for different road construction projects within the Oglala Sioux Pine Ridge Indian Reservation. The first three contracts contained identical clauses requiring that any disputes be brought before the Oglala Sioux Tribe Executive Committee for non-binding mediation, and thereafter to arbitration under the Construction Industry Arbitration Rules of the American Arbitration Association (AAA)... Full Story
Prior Participation in Dispute Resolution Program Manifests Assent to Program's Arbitration Provision
Freeman v. Sterling Jewelers, Inc., Civ. A. No. 1:08CV154-SRW, 2008 WL 3890498 (M.D. Ala. Aug. 18, 2008)
8/18/2008 12:00:00 AM
An Alabama federal district court has compelled arbitration of a former employee's claims, noting that her participation in the first two steps of the employer's dispute resolution process manifested an intent to be bound to the final step of the process – binding resolution of claims by an outside arbitrator.
In Freeman v. Sterling Jewelers, Inc., Civ. A. No. 1:08CV154-SRW, 2008 WL 3890498 (M.D. Ala. Aug. 18, 2008), Freeman was employed by Sterling. During Freeman's employment, Sterling instituted a dispute resolution program called "RESOLVE" requiring that employment-related disputes be resolved through a three-step process, the third being arbitration... Full Story
California Federal District Court Upholds Employee's Arbitration Agreement Over Multifaceted Unconscionability Challenge
Swallow v. Toll Brothers, Inc., Slip Copy, 2008 WL 4164773 (N.D. Cal. Sept. 8, 2008)
9/8/2008 12:00:00 AM
A California federal district court has rejected a wide range of substantive unconscionability challenges to a predispute employment arbitration agreement, noting that the incorporation of a recognized arbitral administrator's rule set satisfied many of the requirements imposed on California arbitration agreements under Armendariz.
In Swallow v. Toll Brothers, Inc., Slip Copy, 2008 WL 4164773 (N.D. Cal. Sept. 8, 2008), Swallow was employed by construction company Toll. As part of the employment relationship, Toll entered into an arbitration agreement with Swallow. Ward, a manager for Toll, maintained that Swallow was presented with the agreement, afforded an opportunity to review it, and ultimately signed it. Later, Swallow was terminated for allegedly ordering work at private residences and billing it to Toll... Full Story
Arbitration Agreement Unconscionable Where Wireless Provider Fails to Make Agreement Reasonably Available to Consumer
Trujillo v. Apple Computer, Inc., No. 07 C 4946, 2008 WL 4368937 (N.D. Ill. Sept. 22, 2008)
9/22/2008 12:00:00 AM
A federal court in Illinois held that where a wireless provider fails to make the terms of a service contract reasonably available to the consumer, either in paper or online, the contract is so procedurally unconscionable as to render the agreement invalid without consideration of the contract's substantive unconscionability.
In Trujillo v. Apple Computer, Inc., No. 07 C 4946, 2008 WL 4368937 (N.D. Ill. Sept. 22, 2008), Jose Trujillo bought an iPhone from an Apple retail store and gave the phone to Dawn Trujillo as a gift. AT&T is the exclusive provider of wireless service for the iPhone, and it requires a two-year service contract for the iPhone. However, the iPhone battery may not last two years because it must be replaced after about 300 charges, which requires the owner to send the device to Apple, incurring a $79 service fee plus other charges and fees. Consequently, Jose sued both Apple and AT&T (collectively, AATT) for fraud and various breach of contract claims based solely on this iPhone purchase... Full Story
Court Rejects Hip Replacement Surgery as Grounds to Vacate Arbitration Award
Twist v. Arbusto, No. 4:05-CV-187-SEB-WGH, 2008 WL 3982365 (S.D. Ind. Aug. 22, 2008)
8/22/2008 12:00:00 AM
An Indiana federal district court confirmed an arbitration award despite objections from the losing party that the arbitrator committed misconduct in failing to grant a request for a third continuance.
In Twist v. Arbusto, No. 4:05-CV-187-SEB-WGH, 2008 WL 3982365 (S.D. Ind. Aug. 22, 2008), Twist and Arbusto were investment entities that entered into various contracts to purchase oil and gas securities. All of the executed contracts contained an agreement to arbitrate. After a dispute, the parties submitted a joint demand for arbitration and selected an arbitrator... Full Story
Lack of Mutuality Renders Employee's Arbitration Agreement Unenforceable Under Oregon Law
Hamrick v. Aqua Glass, Inc., Civ. No. 07-3089-CL, 2008 WL 3411303 (D. Or. Aug. 11, 2008)
8/11/2008 12:00:00 AM
A federal district court in Oregon has reconsidered the denial of a motion to compel arbitration, and has held that the lack of mutuality and substantively unconscionable terms in the agreement still warranted invalidating the entire agreement.
In Hamrick v. Aqua Glass, Inc., Civ. No. 07-3089-CL, 2008 WL 3411303 (D. Or. Aug. 11, 2008), a dispute arose between employee Hamrick and employer Aqua Glass. Aqua Glass sought to compel arbitration of Hamrick's claims in accordance with an arbitration agreement between the parties. The Court denied the motion, holding that the agreement's discovery, time limitation, and mediation provisions were unconscionable. It also noted that the agreement was non-mutual because it applied only to claims that would likely be brought by the employee, and was exempted from those that would likely be brought by the employer. Hamrick v. Aqua Glass, Inc., Civ. No. 07-3089-CL, 2008 WL 2853881 (D. Or. July 21, 2008)... Full Story
Arbitration Award Upheld as Court Rejects Assortment of Flimsy Challenges But Refuses to Grant Attorney Fees
Householder Group v. Caughran, No. 4:07-CV-316, 2008 WL 4254586 (E.D. Tex. Sept. 17, 2008)
9/17/2008 12:00:00 AM
A federal court in Texas rejected several run-of-the mill challenges to an arbitration award, including arguments that the arbitral tribunal was biased, refused to hear material evidence, and issued an award not based on the law. However, the Court refused to grant the prevailing party attorney fees because of inadequate evidence.
In Householder Group v. Caughran, No. 4:07-CV-316, 2008 WL 4254586 (E.D. Tex. Sept. 17, 2008), Caughran executed a promissory note with SunAmerica Securities, who subsequently assigned the note to the Householder Group (HG). Caughran defaulted on the promissory note, so HG submitted a claim to arbitration with the NASD pursuant to an arbitration agreement between the parties. The arbitrators issued an award in favor of HG, who then moved to confirm the award, while Caughran moved to vacate... Full Story
Court Upholds Lender's Arbitration Award over Consumer's Untimely Challenges
FIA Card Services, N.A. v. Klinzing, No. 07-cv-704-bbc, 2008 WL 4103880 (W.D. Wis. Aug. 29, 2008)
8/29/2008 12:00:00 AM
A federal district court in Wisconsin confirmed an arbitration award in favor of credit card issuer because card holder did not bring his validity and arbitrability challenges in a timely fashion.
In FIA Card Services, N.A. v. Klinzing, No. 07-cv-704-bbc, 2008 WL 4103880 (W.D. Wis. Aug. 29, 2008), FIA issued Klinzing a credit card. The cardholder's agreement included an arbitration agreement. Amendments to the arbitration agreement, including new terms and an opportunity to opt out, were included in the monthly account statement... Full Story
State Cases
Arbitration Award Upheld as Court Shows Deference to Arbitrator's Denial of Party's Request to File "Sur-Reply"
Gwire v. Roulac Group, No. A118914, 2008 WL 3907403 (Cal. Ct. App. Aug. 26, 2008)
8/26/2008 12:00:00 AM
A California appellate court held that an arbitrator does not exceed her powers by denying a party's request to file a "sur-reply" brief when the denial in no way prevents the party from fairly presenting his case.
In Gwire v. Roulac Group, No. A118914, 2008 WL 3907403 (Cal. Ct. App. Aug. 26, 2008), Gwire was an attorney representing his client in a jury trial. Gwire hired The Roulac Group (TRG) to perform an economic analysis of the case, and their contract contained an arbitration agreement... Full Story
Failure to Disclose All "Specifics" of Arbitrator's Prior Relationship with Party Not Ground for Vacatur Under California Law
Dornbirer v. Kaiser Foundation Health Plan, Inc., No. D051408, 2008 WL 4140580 (Cal. Ct. App. Sept. 9, 2008)
9/9/2008 12:00:00 AM
Only an arbitrator's failure to disclose the "existence or nature" of his or her relationship with a party to arbitration, and not merely the failure to disclose the specifics of such a relationship, requires vacatur of an arbitration award under California law, according to the California Court of Appeal.
In Dornbirer v. Kaiser Foundation Health Plan, Inc., No. D051408, 2008 WL 4140580 (Cal. Ct. App. Sept. 9, 2008), Dornbirer received a mammogram at a Kaiser facility. A dispute arose as to whether Kaiser properly notified Dornbirer of an irregularity on the mammogram that later developed into cancer. Dornbirer filed a demand for arbitration as required by the parties' agreement... Full Story
California Court Enforces Employment Arbitration Agreement Providing for Enhanced Judicial Review of Award
Oldham v. Flynt, Nos. B195911 & B197112, 2008 WL 4276535 (Cal. Ct. App. Sept. 18, 2008)
9/18/2008 12:00:00 AM
A California appellate court held that an employment arbitration agreement that provides for enhanced judicial review and guarantees each party at least one deposition is enforceable.
In Oldham v. Flynt, Nos. B195911 & B197112, 2008 WL 4276535 (Cal. Ct. App. Sept. 18, 2008), Oldham worked for Larry Flynt, L.F.P. Their employment relationship was governed by an employee handbook containing an arbitration agreement. The agreement provided that each party was entitled to one deposition. The agreement also provided for enhanced judicial review of the arbitration award, requiring a court to review the award to determine if its ruling and findings of fact were supported by competent evidence and a proper application of the law... Full Story
Power of Attorney Given Specifically for "Health Care Decisions" Does Not Encompass Nursing Home Arbitration Agreement
McNally v. Beverly Enterprises, Inc., No. 98,124, 2008 WL 4140635 (Kan. Ct. App. Sep. 5, 2008)
8/5/2008 12:00:00 AM
An appellate court in Kansas held that where a husband gives his wife a durable power of attorney specifically for health care decisions, the wife does not have the authority to sign on behalf of her husband a nursing home arbitration agreement that is not a precondition to admission.
In McNally v. Beverly Enterprises, Inc., No. 98,124, 2008 WL 4140635 (Kan. Ct. App. Sep. 5, 2008), Paul McNally was a patient at the Beverly Rehabilitation Center (Beverly). Paul fell and broke his hip while at Beverly, and then died during his hospitalization for the broken hip... Full Story
New Mexico Supreme Court Finds That Enforcement of Class Waiver Would Violate Public Policy Based on Small Amount of Damages
Fiser v. Dell Computer Corp., 188 P.3d 1215 (N.M. 2008)
10/3/2008 12:00:00 AM
The New Mexico Supreme Court held that a class waiver was unconscionable and thus unenforceable under New Mexico law because under the facts of the case, the class waiver would operate as an exculpatory clause and thus exempt the drafting party from New Mexico's consumer protection laws.
In Fiser v. Dell Computer Corp., 188 P.3d 1215 (N.M. 2008), Fiser bought a Dell computer over the Internet. The terms and conditions of sale included an arbitration agreement with two pertinent provisions: (1) a class waiver precluding class-wide arbitration; and (2) a Texas choice-of-law provision... Full Story
In Construction Case Presenting Both Arbitrable and Non-Arbitrable Claims, Trial Court Should Have Stayed Non-Arbitrable Claims Instead of Denying Arbitration
Murray v. David Moore Builders, Inc., No. 23821, 2008 WL 2439810 (Ohio Ct. App. June 18, 2008)
6/18/2008 12:00:00 AM
An Ohio appellate court has held that the presence of non-arbitrable claims against a non-party does not prohibit arbitration of claims by parties to the agreement.
In Murray v. David Moore Builders, Inc., No. 23821, 2008 WL 2439810 (Ohio Ct. App. June 18, 2008), Murray contracted with David Moore Builders (DMB) to construct a home. The contract contained an arbitration agreement. After defects with the construction allegedly arose, Murray sued DMB. Murray also sued an architect that was not a party to the construction contract or the arbitration agreement. DMB moved to compel arbitration. The motion was denied by the trial court because of the presence of claims against the non-party architect... Full Story
Court Affirms Modification of Arbitration Award Where No Additional Fact-Finding Required
Telle v. Estate of Soroka, No. 08AP272, 2008 WL 4368567 (Ohio Ct. App. Sept. 25, 2008)
9/25/2008 12:00:00 AM
In affirming a trial court's decision to modify an arbitration award, an appellate court in Ohio held that where a modification is based on a mathematical error apparent on the face of an award, it is within a court's power to modify the award in order to reflect the intention of the arbitrator.
In Telle v. Estate of Soroka, No. 08AP272, 2008 WL 4368567 (Ohio Ct. App. Sept. 25, 2008), Telle and Soroka each owned a fifty-percent interest in six corporations. After Soroka's death, the trial court issued an order compelling arbitration to resolve a disagreement over the value of the corporations... Full Story
Dismissal of Related NASD Arbitration Proceedings Did Not Preclude Lawsuit on Employment Discrimination Claim
Cercone v. Merrill Lynch, Pierce, Fenner & Smith, No. 89561, 2008 WL 3870657, (Ohio Ct. App. Aug. 21, 2008)
8/21/2008 12:00:00 AM
A party's participation in a now-dismissed National Association of Securities Dealers (NASD) arbitration proceeding does not preclude that party from later litigating his statutory employment discrimination counterclaims, according to an Ohio state appellate court.
In Cercone v. Merrill Lynch, Pierce, Fenner & Smith, No. 89561, 2008 WL 3870657, (Ohio Ct. App. Aug. 21, 2008), Cercone was hired by Merrill Lynch as a financial advisor. As part of Cercone's compensation, Merrill Lynch provided him with a "forgivable loan" of nearly $1,000,000 that did not have to be repaid if Cercone remained employed for at least five years. The contract did require immediate repayment should Cercone be fired for cause... Full Story
"Final" and "Binding" Language in Arbitration Agreement Provides Sufficient Notice of Jury Trial Waiver
Hays Group, Inc. v. Biege, Nos. CV06120134, A135640, 2008 WL 4330760 (Or. Ct. App. Sept. 24, 2008)
8/24/2008 12:00:00 AM
An Oregon appellate court has reversed an order denying an employer's motion to compel arbitration, holding that a provision for "final" and "binding" arbitration amounted to clear and express notice to the employee that the right to a jury trial was being waived.
In Hays Group, Inc. v. Biege, Nos. CV06120134, A135640, 2008 WL 4330760 (Or. Ct. App. Sept. 24, 2008), Hays hired Biege as an insurance sales representative. As a condition of employment, Biege executed a non-competition contract, and the contract contained an arbitration agreement... Full Story
ADR Legislation & Regulation
AL H 23
AUTHOR: Mitchell [D]
(2009) TITLE: Arbitration Process
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: This bill would allow agreements to arbitrate future controversies to be enforced under certain circumstances. This bill modifies the Uniform Arbitration Act in that it places additional requirements on agreements to arbitrate, such as requiring the arbitration agreement to be on a separate page, in red or green ink, or boxed off from the rest of the contract. The Act also provides for immunity of both an arbitrator and administrator. Finally, the Act also explicitly permits parties to contract for heightened judicial review of their awards.
CA A 567
AUTHOR: Saldana [D]
TITLE: Common Interest Development Bureau
DISPOSITION: Vetoed
LOCATION: Vetoed
Commentary: Legislature intends to create an ombudsperson position to provide a neutral, nonjudicial forum for resolution of common interest development disputes.
CA A 1945
AUTHOR: De La Torre [D]
TITLE: Individual Health Care Coverage
DISPOSITION: Vetoed
LOCATION: Vetoed
Commentary: This bill was amended on August 18, 2008 to establish in the Department of Managed Health Care and the Department of Insurance an independent review process for the review of health plans' and health insurers' decisions to cancel or rescind health care service plan contracts and health insurance policies. This bill would require every health care service plan to prominently display in every plan member handbook or relevant informational brochure, in every plan contract, on enrollee evidence of coverage forms, on copies of plan procedures for resolving grievances, information concerning the right of an enrollee or subscriber to an automatic independent review in cases where the health care service plan has decided to cancel or rescind the enrollee's or subscriber's health care service plan contract, pursuant to Section 1389.8. The independent review organizations shall be not for profit and shall be independent of any health care service plan doing business in this state.
CA A 2220
AUTHOR: Jones [D]
TITLE: Emergency Room Physician Contracts
DISPOSITION: Vetoed
LOCATION: Vetoed
Commentary: This bill would state, "It is the intent of the Legislature to advance the efficient and equitable resolution of billing disputes between noncontracting hospitals and health care service plans." Amended on 4/22/08 to instead require that impediments in reaching acceptable contract terms for contracts between specified hospital based physicians or hospital based physician groups and health care service plans or their contracting payers be resolved through binding arbitration. An 8/12/08 amendment changed the mandatory arbitration requirement to a mandatory mediation requirement.
CA A 2641
AUTHOR: Cook [R]
TITLE: Military Service: Protection: Ombudsman
DISPOSITION: Enacted
LOCATION: Chaptered
Commentary: Allows for the appointment of mediators to help resolve USERRA complaints by returning servicemen and women.
CA A 2846
AUTHOR: Feuer [D]
TITLE: Common Interest Developments: Assessments
DISPOSITION: Enacted
LOCATION: Chaptered
Commentary: "Provides that, if a dispute exists between the owner of a separate interest and the homeowners' association regarding assessments imposed by the association, and the amount in dispute does not exceed the jurisdictional limits of the small claims court, the owner of the separate interest may either request alternative dispute resolution or pay the disputed amount under protest and commence and action in small claims court." The bill was amended on 8/5/08 to instead state, "An owner may dispute an assessment debt by submitting a written request for dispute resolution to the association ... In addition, an association may not initiate a foreclosure without participating in alternative dispute resolution with a neutral third party ... if so requested by the owner. Binding arbitration shall not be available if the association intends to initiate a judicial foreclosure."
CA A 2947
AUTHOR: Eng [D]
TITLE: Elder and Dependent Adult Abuse: Waiver of Rights
DISPOSITION: Vetoed
LOCATION: Vetoed
Commentary: As originally introduced, "This bill would prohibit a long term care facility, as defined, that provider care to an elder or dependent adult from requiring, as a condition of admission to, or of continued care at, the facility that an elder or dependent adult, or his or her representative waive any right afforded under the act, including the right to file a complaint with the State Department of Public Health, or a law enforcement agency, or to pursue a civil action." A 6/19/2008 amendment eliminated the provision that would ban predispute binding arbitration provisions in long term care facility agreements, and instead was amended to state that, "[t]he bill would provide that it is not intended to affect existing law relating to the enforceability or unenforceability of an arbitration agreement."
CA S 981
AUTHOR: Perata [D]
TITLE: Health Care Coverage: Noncontracting Physician Claims
DISPOSITION: Vetoed
LOCATION: Vetoed
Commentary: This bill would prohibit "balance billing" by non contracting physicians against patients. It also establishes an independent dispute resolution process by which non contracting physicians could seek review of such billing disputes over non contracted services. The bill requires that an independent dispute resolution organization administer the process, and that the organization would be "contracted with or appointed by the department."
CA S 1093
AUTHOR: Wiggins [D]
TITLE: San Francisco Bay Water Emergency Authority
DISPOSITION: Enacted
LOCATION: Chaptered
Commentary: Relates to the San Francisco Bay Water Emergency Transportation Authority. Amendments include: "(ii) For purposes of this subparagraph, the amount of compensation to be made shall be mutually agreed upon by the authority and the local agency. This agreement shall not be implemented until both the authority and the local agency pass a resolution in support of the agreement. The authority and the local agency shall provide notice of the agreement to the public within 30 days of reaching the agreement and shall pass the resolution within 60 days of reaching the agreement. If the authority and the local agency are unable to agree on an amount, the authority shall enter into an agreement with the local agency to arbitrate the controversy."
CA S 1387
AUTHOR: Padilla [D]
TITLE: Dental Coverage: Provider Overpayments
DISPOSITION: Enacted
LOCATION: Chaptered
Commentary: Forbids collection of a health care overpayment until a dispute resolution process has been exhausted.
NJ A 2517
SPONSOR: Watson Coleman [D]
TITLE: Homeownership Preservation Act
DISPOSITION: Pending
LOCATION: ASSEMBLY
Commentary: Amends the New Jersey Homeownership Preservation Act. Amended to include foreclosure mediation and legal services "in conjunction with loan modifications and other foreclosure prevention activities" to be available, provided by non-profit entities.
US H 5546
SPONSOR: Conyers [D]
TITLE: Antitrust Laws
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: The proposed legislation would require a committee of merchants and representatives of card companies and banks to negotiate fees for debit and credit card transactions. While the bill previously called for binding arbitration of disputes arising under the Act, that provision was removed when the bill was reported in the House on October 3, 2008.
US H 6126
SPONSOR: Sanchez Li [D]
TITLE: Arbitration
DISPOSITION: Reported in House
LOCATION: HOUSE
Commentary: Amends chapter 1 of Title 9 of US Code regarding arbitration and introduces the Fairness in Nursing Home Arbitration Act of 2008.
Amendments include: "(2) PRE DISPUTE ARBITRATION AGREEMENT The term `pre dispute arbitration agreement' means any agreement to arbitrate a dispute that arises after such agreement is made... (b) Invalidity of Pre Dispute Arbitration Agreements A pre dispute arbitration agreement between a long term care facility and a resident of such facility (or person acting on behalf of such resident, including a person with financial responsibility for such resident) shall not be valid or specifically enforceable...
(c) Application to Agreements This section shall apply to any pre dispute arbitration agreement between a long term care facility and a resident of such facility (or a person acting on behalf of such a resident, including a person with financial responsibility for such resident), and shall apply to a pre dispute arbitration agreement entered into either at any time during the admission process or at any time after the admission process...
(d) Application of Federal Law A determination as to whether this chapter applies to an arbitration agreement described in this section shall be determined under Federal law. Except as otherwise provided in this chapter, the validity or enforceability of such agreement shall be determined by the court, rather than the arbitrator, irrespective of whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement."
US H 7076
SPONSOR: Space [D]
TITLE: Alcohol Beverage Franchise Dispute Resolution
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: The bill was introduced on 9/25 in the House Judiciary Committee, and it mirrors the other "Arbitration Fairness Act" bills that have been introduced in Congress, as it requires post dispute arbitration agreements and reasoned arbitration awards in alcohol franchise disputes.
The bill provides that "whenever an alcoholic beverage franchise contract provides for the use of arbitration to resolve a controversy arising out of or relating to such contract, arbitration may be used to settle such controversy only if after such controversy arises all parties to such controversy consent in writing to use arbitration to settle such controversy."
The bill further provides that "the arbitrator shall be bound to follow the applicable law and provide the parties to such contract with a written explanation of the factual and legal basis for the award."
US H 7086
SPONSOR: Barrett [R]
TITLE: Development of Nuclear Power
DISPOSITION: Pending
LOCATION: Multiple Committees
Commentary: Creates the Pathway to Nuclear Power Act, which provides for incentives for development of nuclear energy technologies, power plant development, nuclear energy workforce training, and other provisions related to nuclear power. As it relates to arbitration, the bill calls for arbitration of disputes arising under certain contracts between the government and a nuclear power plant.
US H 7178
SPONSOR: Davis A [D]
TITLE: Uniformed Services Employment Rights Act
DISPOSITION: Pending
LOCATION: Multiple Committees
Commentary: A bill entitled the "Servicemembers Access to Justice Act of 2008." The bill would ban predispute arbitration agreements that provided for arbitration of disputes arising under USERRA. Rep. Tim Walz (D MN) is a co sponsor of this bill.
US S 2838
SPONSOR: Martinez [R]
TITLE: Fairness in Nursing Home Arbitration Act
DISPOSITION: Reported in Senate
LOCATION: SENATE
Commentary: Amends chapter 1 of title 9 of United
States Code with respect to arbitration by enacting the "Fairness in
Nursing Home Arbitration Act." This legislation would ban pre dispute
arbitration clauses in nursing home contracts.
REGULATIONS
None.
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