Federal Cases
Fourth Circuit: Validity of Class Action Waiver Is a Procedural Question for the Arbitrator, Not a Gateway Issue for the Court
Davis v. ECPI College of Technology, L.C., No. 05-2122, 2007 WL 840506 (4th Cir. Mar. 20, 2007)
3/20/2007
In a case filed solely for the purpose of challenging a class action waiver, the Fourth Circuit Court of Appeals held that the enforceability of a class action waiver is a procedural question for the arbitrator rather than "a gateway issue" for the court.
In Davis v. ECPI College of Technology, L.C., No. 05-2122, 2007 WL 840506 (4th Cir. Mar. 20, 2007), forty-seven former ECPI students filed an arbitration claim with the American Arbitration Association (AAA), alleging that ECPI was liable for misrepresentation and requesting class arbitration... Full Story
Federal Court Upholds Class Action Waiver Under Arkansas Law
Davidson v. Cingular Wireless LLC, No. 2:06CV00133-WRW, 2007 WL 896349 (E.D. Ark. Mar. 23, 2007)
3/23/2007
In ordering arbitration of a relatively low-value claim against a wireless service provider, a federal court in Arkansas upheld the arbitration agreement's bar on class-wide proceedings because the agreement permitted the claimant to proceed in small claims court, thus affording her another cost-effective means of obtaining relief.
In Davidson v. Cingular Wireless LLC, No. 2:06CV00133-WRW, 2007 WL 896349 (E.D. Ark. Mar. 23, 2007), Davidson commenced a putative class action against Cingular, her wireless service provider, alleging that Cingular imposed late payment charges in violation of Arkansas' usury laws... Full Story
Second Circuit Remands Waiver Case for Reconsideration
Arbercheski v. Oracle Corp., No. 06-3472-CV, 2007 WL 841566 (2nd Cir. Mar. 19, 2007)
3/19/2007
In a case on appeal from a district court's finding of waiver, the Second Circuit Court of Appeals remanded the case for reconsideration because the record was devoid of facts necessary to support the finding.
In Arbercheski v. Oracle Corp., No. 06-3472-CV, 2007 WL 841566 (2nd Cir. Mar. 19, 2007), Arbercheski sued Oracle, her former employer, for alleged discrimination. The district court denied Oracle's motion to compel arbitration because it found that Oracle took actions constituting a waiver of its right to arbitrate... Full Story
Permissibility of Class Action Arbitration Is Contract Interpretation Question for Arbitrator to Decide
Patriot Manufacturing, Inc. v. Dixon, No. 05-0321-WS-M, 2007 WL 841745 (S.D. Ala. Mar. 16, 2007)
3/16/2007
A federal court in Alabama refused to consider a party's request to enjoin the opposing party from bringing a class arbitration because whether class arbitrations are permissible under the parties' agreement is a contract interpretation issue for the arbitrator to decide.
In Patriot Manufacturing, Inc. v. Dixon, No. 05-0321-WS-M, 2007 WL 841745 (S.D. Ala. Mar. 16, 2007), Patriot and Dixon were arbitrating a dispute after the Court granted Patriot's motion to compel arbitration in June 2005... Full Story
Connecticut Federal Court Finds No "Evident Partiality" in Son's Employment by Winning Party
Vigorito v. UBS PaineWebber, Inc., No. 04cv1505 (JBA), 2007 WL 756320 (D. Conn. Mar. 13, 2007)
3/13/2007
Finding no "evident partiality" within the meaning of the Federal Arbitration Act (FAA), a Federal District Court in Connecticut refused to vacate an award, despite an arbitrator's "unduly belated" disclosure that the Defendant employed his son part-time.
In Vigorito v. UBS PaineWebber, Inc., No. 04cv1505 (JBA), 2007 WL 756320 (D. Conn. Mar. 13, 2007), Vigorito claimed UBS PaineWebber (PaineWebber) mismanaged his stock portfolio by investing nearly all his funds in WorldCom stock, even after the he had retired with heavy ongoing financial commitments. When WorldCom lost its value, Vigorito commenced arbitration pursuant to a NYSE arbitration agreement... Full Story
Mississippi Court Compels Arbitration at Request of Non-Signatories
Holston v. Coldwell Banker Real Estate Corp., No. 4:05CV194-P-A, 2007 WL 902810 (N.D. Miss. Mar. 22, 2007)
3/22/2007
A federal court in Mississippi allowed non-signatories to an arbitration agreement to compel arbitration of a dispute because the parties bringing the claims relied on the agreement containing the arbitration clause in asserting their claims.
In Holston v. Coldwell Banker Real Estate Corp., No. 4:05CV194-P-A, 2007 WL 902810 (N.D. Miss. Mar. 22, 2007), the Holstons signed an arbitration agreement with Option One, a mortgage company. In their complaint, the Holstons alleged that numerous other parties were involved in racketeering activities based upon the loan agreement... Full Story
Ohio Federal Court Finds Non-Signatory Can Enforce Agreement to Arbitrate, but Agreement Terms Too Narrow to Encompass Claim
General Power Products, LLC v. MTD Products, Inc., No. 1:06-cv-143, 2007 WL 901522 (S.D. Ohio. Mar. 26, 2007)
3/26/2007
A federal court in Ohio denied a non-signatory's motion to compel arbitration because the claims did not fall within a narrow interpretation of the arbitration agreement.
In General Power Products, LLC v. MTD Products, Inc., No. 1:06-cv-143, 2007 WL 901522 (S.D. Ohio. Mar. 26, 2007), General Power Products (GPP) signed an exclusive distribution agreement with Zongshen (ZS). The parties' agreement contained an arbitration clause... Full Story
Federal Court in Tennessee Lacks Jurisdiction to Grant Preliminary Injunction to Stop Arbitration
Linsco/Private Ledger Corp. v. Maurice, No. 3:07-0183, 2007 WL 869720 (M.D. Tenn. Mar. 21, 2007)
3/21/2007
A federal court in Tennessee declined to issue a preliminary injunction of an arbitration taking place in Tennessee, despite the fact that the parties' agreement contained a Massachusetts forum selection clause because the Court did not have jurisdiction.
In Linsco/Private Ledger Corp. v. Maurice, No. 3:07-0183, 2007 WL 869720 (M.D. Tenn. Mar. 21, 2007), Linsco/Private Ledger ("LPL"), an independent brokerage firm with headquarters in Boston, Massachusetts, became embroiled in a dispute with Maurice, an LPL representative. Maurice's "Representative Agreement" with LPL included an arbitration agreement, which expressly named Boston as the arbitral forum... Full Story
Texas Federal Court Finds Arbitration Agreement Valid Despite the Lack of One Party's Signature
Bradford v. Robert Peltier Nissan Pontiac, No. 6:06-CV-477, 2007 WL 865685 (E.D. Tex. Mar. 15, 2007)
3/15/2007
Because a non-signatory to an arbitration agreement performed in accordance with the contract, and because proper application of the doctrine of "equitable estoppel" demands it, a Texas Federal District Court found an arbitration agreement to be valid.
In Bradford v. Robert Peltier Nissan Pontiac, No. 6:06-CV-477, 2007 WL 865685 (E.D. Tex. Mar. 15, 2007), Bradford purchased a Chevrolet pickup truck from Robert Peltier Nissan Pontiac (Peltier), which allegedly was a "buy back" under a Texas Lemon Law for inoperative steering. Bradford signed a purchase order that contained an agreement to arbitrate all disputes arising under the contract. However, though the terms of the agreement required Peltier's signature in order for the agreement to be valid, Peltier did not sign... Full Story
Texas Court Upholds Pre-Dispute Arbitration Agreement Despite Arbitration Rules Requiring Post-Dispute Agreement
Owens v. Nexion Health at Gilmer, Inc., No. 2:06 CV 519 DF, 2007 WL 841114 (E.D. Tex. Mar. 19, 2006)
3/19/2007
A federal court in Texas ordered arbitration of a consumer health care liability claim pursuant to a pre-dispute arbitration agreement even though the rules of the named arbitration administrator provided that it would only administer such claims when the arbitration agreement was signed post-injury.
In Owens v. Nexion Health at Gilmer, Inc., No. 2:06 CV 519 DF, 2007 WL 841114 (E.D. Tex. Mar. 19, 2006), the Owens family sued Nexion for alleged negligence after Edgar Owens died during his residency in a Nexion nursing home... Full Story
Court Refuses to Vacate NASD Award for Mere "Procedural Error"
Sal Financial Services, Inc. v. Nugent, No. 3:06-CV-2051-D, 2007 WL 719230 (N.D. Tex. Mar. 9, 2007)
3/9/2007
A federal district court in Texas upheld an NASD arbitration award, reasoning that the panel's improper joinder of a successor entity did not constitute an action "exceeding the arbitrators' powers."
In Sal Financial Services, Inc. v. Nugent, No. 3:06-CV-2051-D, 2007 WL 719230 (N.D. Tex. Mar. 9, 2007), Nugent initiated arbitration proceedings against his stockbroker and brokerage firm. During the pendency of his claim, the broker-dealer's assets were sold to SAL Financial Services, Inc. (SALF). Thereafter, Nugent filed an amended claim naming SALF as a respondent under theories of successor liability and fraudulent transfer... Full Story
Court Rules Further Discovery Necessary to Determine Whether Arbitration Agreement Was Ever Formed
Harden v. Lanier Worldwide, Inc., No. C07-5043-RJB, 2007 WL 836719 (W.D. Wash. Mar. 15, 2007)
3/15/2007
A federal court in Washington ruled that further discovery was necessary to determine whether the parties to a dispute entered into a contract containing an arbitration clause.
In Harden v. Lanier Worldwide, Inc., No. C07-5043-RJB, 2007 WL 836719 (W.D. Wash. Mar. 15, 2007), Harden and Lanier entered into negotiations regarding the lease of office equipment. Lanier presented Harden with a lease agreement, which Harden signed... Full Story
Indian Gaming Commerce May Satisfy FAA's Interstate Commerce Requirement
Wisconsin v. Ho-Chunk Nation, No. 05-C-632-S, 2007 WL 734390 (W.D. Wis. Mar. 9, 2007)
3/9/2007
According to a federal court in Wisconsin, a compact between an Indian tribe and a state government for the development of Indian gaming facilities sufficiently "affects" interstate commerce for the compact to be subject to the Federal Arbitration Act (FAA).
In Wisconsin v. Ho-Chunk Nation, No. 05-C-632-S, 2007 WL 734390 (W.D. Wis. Mar. 9, 2007), the State of Wisconsin entered into a gaming compact with the Ho-Chunk Nation Indian tribe. The compact allowed the tribe to implement a full variety of Las Vegas-style games, known as "Class III" games. The compact contained an arbitration clause... Full Story
State Cases
California Court Honors Delaware Choice-of-Law Provision in Upholding Agreement to Arbitrate
MBNA America Bank, N.A. v. Newman, No. B190956, 2007 WL 882296 (Cal. Ct. App. Mar. 26, 2007)
3/26/2007
The California Court of Appeal held that a lower court properly honored a credit card agreement's Delaware choice-of-provision in ruling that the lender effectively amended the agreement to include an arbitration clause by enclosing notice of the amendment within the borrower's periodic statement.
In MBNA America Bank, N.A. v. Newman, No. B190956, 2007 WL 882296 (Cal. Ct. App. Mar. 26, 2007), MBNA filed an arbitration claim against Newman, seeking to collect the unpaid balance on an MBNA credit card... Full Story
Lack of Mutuality and Limitation on Damages Render Arbitration Agreement Unenforceable Under South Carolina Law
Simpson v. MSA of Myrtle Beach, Inc., No. 26293, 2006 WL 4388016 (S.C. Mar. 26, 2007)
3/26/2007
In a dispute arising from an automobile trade-in, the South Carolina Supreme Court affirmed a lower court ruling that a limitation on damages and a lack of mutuality rendered the parties' arbitration agreement unconscionable and therefore unenforceable.
In Simpson v. MSA of Myrtle Beach, Inc., No. 26293, 2006 WL 4388016 (S.C. Mar. 26, 2007), Simpson and MSA of Myrtle Beach (MSA) entered into a contract whereby Simpson traded in a used automobile for a new one... Full Story
Utah Law Permits Arbitrators to Remove Members of a Limited Liability Company
Duke v. Graham, No. 20051036, 2007 WL 942055 (Utah Mar. 30, 2007)
3/30/2007
In construing a statute governing limited liability companies (LLC's), the Utah Supreme Court held that an arbitrator has authority to remove members and managers of an LLC if the company's operating agreement contains an arbitration clause that covers the dispute.
In Duke v. Graham, No. 20051036, 2007 WL 942055 (Utah Mar. 30, 2007), Ted Duke, Maria Cardenas, Randal Graham, and David Graham were members of an LLC called Way Cool Dirt Cheap (WCDC). Duke was also a manager of WCDC.
There was a conflict pitting Duke and Cardenas against the Grahams, and the parties submitted the dispute to arbitration in accordance with the company's operating agreement. After several hearings, the arbitrator issued an award removing Duke and Cardenas as members of WCDC and removing Duke as manager. The trial court confirmed the award... Full Story
Attorney Fees Award Reversed After Finding That Party Failed to Attempt Mediation
Cole v. R & T Properties, Inc., No. B192815, 2007 WL 806519 (Cal. Ct. App. Mar. 19, 2007)
3/19/2007
A California appellate court reversed an award of attorney fees after finding that the prevailing party failed to attempt to mediate the dispute prior to bringing an action in court. The parties' agreement precluded an award of attorney fees unless mediation was attempted.
In Cole v. R & T Properties, Inc., No. B192815, 2007 WL 806519 (Cal. Ct. App. Mar. 19, 2007), Cole purchased a home from Tieger. However, it turned out that a third party, McGhee, had title to the home as a result of a specific performance judgment against Tieger. Cole brought breach of contract and fraud actions against Tieger after McGhee evicted him from the home... Full Story
California Court Upholds Arbitration Award over Objection That Arbitrator Exceeded His Powers
Soni v. Sheldon & Mak, No. BC222194, 2007 WL 853331 (Cal Ct. App. Mar. 22, 2007)
3/22/2007
Finding no evidence that an arbitrator exceeded his powers or that he should have been disqualified, the California Court of Appeal refused to vacate an award in a dispute over compensation for a law firm's former partner.
In Soni v. Sheldon & Mak, No. BC222194, 2007 WL 853331 (Cal Ct. App. Mar. 22, 2007), Soni, a former partner of the Sheldon and Mak law firm ("the firm"), sought to have an award vacated on grounds that the arbitrator exceeded his powers or should have been disqualified for failing to disclose a prior relationship with the firm's attorney... Full Story
Arbitration Award Upheld After Defendant "Impliedly Consented" to Extension of Completion Date
Turnermedia, LLC v. Infinity Bail Network, LLC, No. D048044, 2007 WL 867774 (Cal. Ct. App. Mar. 23, 2007)
3/23/2007
Despite written language indicating that arbitration must be completed before a certain date, a party may act in a way that "impliedly consents" to an extension of that deadline and therefore expand the scope of the arbitrator's powers, a state court in California held.
In Turnermedia, LLC v. Infinity Bail Network, LLC, No. D048044, 2007 WL 867774 (Cal. Ct. App. Mar. 23, 2007), Turnermedia sued Infinity Bail Network, LLC (Infinity) for breach of contract arising from a failure to pay for placement of Yellow Pages advertisements... Full Story
Florida Court Denies Party's Second Attempt to Compel Arbitration
Freedom Life Insurance Company of America v. Wallant, No. 4D06-4610, 2007 WL 600629 (Fla. Dist. Ct. App. Feb. 28, 2007)
2/28/2007
Citing state law and the underlying purposes of arbitration, a state court in Florida dismissed a party's attempt to bring a second motion to compel arbitration after it failed to appeal the first denial of its motion within the applicable statute of limitations.
In Freedom Life Insurance Company of America v. Wallant, No. 4D06-4610, 2007 WL 600629 (Fla. Dist. Ct. App. Feb. 28, 2007), Wallant brought a class action lawsuit against Freedom Life Insurance Company (Freedom) over five years prior to this action. Freedom attempted to compel arbitration in 2002, and a trial court refused to do so because it found that the arbitration clause was unconscionable... Full Story
Louisiana Court of Appeals Finds Attorney-Client Arbitration Agreement "Adhesionary," Therefore Unenforceable
Lafleur v. Law Offices of Anthony G. Buzbee, P.C., No. 2006 CA 0466, 2007 WL 858859 (La. Ct. App. Mar. 23, 2007)
2/23/2007
While recognizing the heavy weight of the presumption in favor of arbitration, a Louisiana Appellate Court found an attorney-client arbitration agreement to be an unconscionable adhesion contract, and therefore unenforceable.
In Lafleur v. Law Offices of Anthony G. Buzbee, P.C., No. 2006 CA 0466, 2007 WL 858859 (La. Ct. App. Mar. 23, 2007), Lafleur sued his attorneys for malpractice, primarily for negotiating an inadequate settlement without proper authority. Buzbee settled after the appeal was filed, but co-defendant Sterns did not, and Sterns moved to enforce the arbitration agreement Lafleur had signed with his firm... Full Story
Mississippi Supreme Court Compels Arbitration on Behalf of Non-signatory
Fradella v. Seaberry, No. 2005-CT-00404-SCT, 2007 WL 852097 (Miss. Mar. 22, 2007)
3/22/2007
A non-signatory to an arbitration agreement may compel arbitration when the agreement creates rights and responsibilities for the non-signatory and the party bringing the action relies on the contract with the arbitration clause in bringing its claims, the Supreme Court of Mississippi held.
In Fradella v. Seaberry, No. 2005-CT-00404-SCT, 2007 WL 852097 (Miss. Mar. 22, 2007), Seaberry entered into a contract to purchase property from Germany. Fradella served as the real estate agent for both parties... Full Story
FAA, Not State Law, Determines Whether Court or Arbitrator Decides Timeliness Issue
Joseph Gunnar & Co., LLC v. Bridgeman, No. 015603/2006, 2007 WL 684963 (N.Y. Sup. Ct. Mar. 7, 2007)
3/7/2007
A state court in New York held that the arbitrator should decide whether the statute of limitations had run on a party's claim because the parties' agreement stated that the arbitration should proceed under the Federal Arbitration Act (FAA).
In Joseph Gunnar & Co., LLC v. Bridgeman, No. 015603/2006, 2007 WL 684963 (N.Y. Sup. Ct. Mar. 7, 2007), Bridgeman brought an action alleging breach of fiduciary duty, negligence, and other counts arising out of Gunnar's handling of Bridgeman's brokerage accounts... Full Story
Ignorance of Contract Terms No Excuse, Unread Arbitration Clause Enforceable
Reno v. SunTrust, Inc., NO. E2006-01641-COA-R3-CV, 2007 WL 907256 (Tenn. Ct. App. Mar. 26, 2007)
3/26/2007
Citing the general rule that a party who signs a contract is presumed to know its contents, a state court in Tennessee enforced a clearly written arbitration clause which both parties signing the agreement claimed not to have read.
In Reno v. SunTrust, Inc., NO. E2006-01641-COA-R3-CV, 2007 WL 907256 (Tenn. Ct. App. Mar. 26, 2007), Reno sued to enforce a life insurance rider (the Rider) to a mortgage agreement with SunTrust. SunTrust denied the benefits claim, alleging misrepresentations by the Renos during the application process... Full Story
ADR Legislation & Regulation
LEGISLATION
AR H 1324
AUTHOR: Johnson D [D]
TITLE: Rural Physicians Equal Opportunity Employment
INTRODUCED: 01/29/2007
LAST AMEND: 03/19/2007
ENACTED: 04/04/2007
DISPOSITION: Enacted
LOCATION: Chaptered
ACT: 1058
Commentary:
Provides for dispute resolution of determinations of breach of loan contracts: "If the dispute cannot be settled at this stage, any party against whom relief is sought may request that the dispute be mediated...Mediation shall be conducted in Little Rock, Arkansas, within thirty (30) days after the filing of the request for mediation by a mutually acceptable mediator in accordance with the American Health Lawyers Association Alternative Dispute Resolution Service Code of Ethics and Rules of Procedure for Mediation, or such other rules as mutually agreed upon by the parties."
CO S 79
SPONSOR: Johnson [R]
TITLE: Standard Health Care Provider Contracts
INTRODUCED: 01/15/2007
LAST AMEND: 03/21/2007
ENACTED: 03/30/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
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.
DE S 69
PRIMARY SPONSOR: Adams [D]
TITLE: Relating To Arbitration
INTRODUCED: 04/03/2007
DISPOSITION: Pending
LOCATION: SENATE
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.
ID S 1153
AUTHOR: Judiciary and Rules Cmt
TITLE: Small Lawsuit Resolution Act
INTRODUCED: 02/13/2007
VETOED: 03/30/2007
DISPOSITION: Vetoed
LOCATION: Vetoed by Governor
Commentary:
Minor technical changes to Small Lawsuit Resolution Act.
KS S 333
AUTHOR: Commerce Cmt
TITLE: Fairness in Public Building Construction Act
INTRODUCED: 02/07/2007
LAST AMEND: 04/03/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
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.
KY H 490
BR: 1327
SPONSOR: Yonts [D]
TITLE: Construction Industry
INTRODUCED: 02/14/2007
LAST AMEND: 03/27/2007
ENACTED: 04/05/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
Provides that a clause in a contract for construction shall be against the public policy of this Commonwealth and shall be void and unenforceable if it "purports to waive, release, or extinguish the right to resolve disputes through litigation, in court or substantive or procedural rights in connection with such litigation, except that a contract may require binding arbitration as a substitute for litigation or require nonbinding alternative dispute resolution as a prerequisite to litigation."
MD S 371
AUTHOR: Muse [D]
TITLE: Interstate Compact for Juveniles
INTRODUCED: 02/01/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Implements the Interstate Compact for Juveniles and allows for mediation of disputes between compacting states.
MD S 678
CROSSFILED WITH: MD H 314
AUTHOR: Raskin [D]
TITLE: Human Relations Commission
INTRODUCED: 02/02/2007
LAST AMEND: 04/05/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Amends the MD Human Relations Commission, for the purpose of altering various provisions, including allegations of discrimination. When seeking compensatory or punitive damages, the parties are encouraged to use ADR, including negotiations or mediation.
ME H 373
LD: 489
AUTHOR: Tuttle [D]
TITLE: Consumer Protection Division
INTRODUCED: 02/01/2007
DISPOSITION: Failed
LOCATION: Died
Commentary:
Requires the Attorney General to assist consumers who reached a solution in mediation with a business, but one side failed to uphold their end of the agreement.
MT H 31
AUTHOR: Kottel [D]
TITLE: New Motor Vehicle Arbitration Fee
PREFILED: 11/28/2006
INTRODUCED: 01/03/2007
LAST AMEND: 03/09/2007
ENACTED: 03/30/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 84
Commentary:
Increases consumer and manufacturer arbitration filing fees for new vehicle warranty disputes.
NC H 1302
SAME AS: NC S 1505
AUTHOR: Glazier [D]
TITLE: New Interstate Compact and Child Placement
PREFILED: 04/04/2007
INTRODUCED: 04/05/2007
DISPOSITION: Pending
LOCATION: House Children, Youth & Families Committee
Commentary:
Interstate Compact for Placement of Children; provides mediation between compacting states
NJ A 1
IDENTICAL: NJ S 20
SPONSOR: Roberts [D]
TITLE: Homestead Credit to Reduce Property Taxes
INTRODUCED: 01/29/2007
ENACTED: 04/03/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 2007 62
Commentary:
Amending an act for homestead property relief, including some arbitration procedure in (9).
NM H 959
AUTHOR: Varela [D]
TITLE: Department of Information Technology
INTRODUCED: 02/07/2007
ENACTED: 04/02/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 2007 290
Commentary:
Creating the Department of Information Technology Act. Section G(7) provides for the quarterly meeting and approval of mediation between an executive agency and the secretary as chief information officer.
NM S 69
AUTHOR: Campos [D]
TITLE: Uniform Commercial Code
INTRODUCED: 01/16/2007
LAST AMEND: 02/14/2007
ENACTED: 04/02/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 2007 252
Commentary:
Enacting and revising act for jurisdiction and forum to govern lease or rental contracts. Section 1(3) if the choice of arbitration or mediation forum by the parties is not within the state where "the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter or in which the goods are to be used, the choice is not enforceable."
NM S 479
AUTHOR: McSorley [D]
TITLE: Office of Alternative Dispute Resolution
INTRODUCED: 01/24/2007
ENACTED: 04/02/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 2007 206
Commentary:
Establishes the Office of Alternative Dispute Resolution in the Risk Management Division of the General Services Department; prescribes duties and powers; creates an advisory council; makes an appropriation; changes the name of the Governmental Dispute Resolution Act.
NM S 574
AUTHOR: Sanchez M [D]
TITLE: Mechanics and Materialmens Lien Rights
INTRODUCED: 01/29/2007
ENACTED: 04/02/2007
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 2007 212
Commentary:
Allows for the use of arbitration to enforce mechanics' liens.
OR H 2109
AUTHOR: Minnis [R]
TITLE: Divide Content of Construction Contractor Statute
INTRODUCED: 01/08/2007
LAST AMEND: 02/27/2007
DISPOSITION: To Governor
LOCATION: Eligible for 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.
PA H 933
PN: 1099
AUTHOR: Lentz [D]
TITLE: Managed Care Plans and Providers
PREFILED: 03/23/2007
INTRODUCED: 03/29/2007
DISPOSITION: Pending
LOCATION: House Insurance Committee
Commentary:
States that a managed care plan may not compel a health care provider to accept arbitration as the "sole or primary means of dispute resolution between the parties." Arbitration may be provided as an "option" where certain requirements are met.
PA H 977
PN: 1149
AUTHOR: Schroder [R]
TITLE: Real and Personal Property Code
PREFILED: 03/29/2007
INTRODUCED: 04/02/2007
DISPOSITION: Pending
LOCATION: House Urban Affairs Committee
Commentary:
Requires that certain condominiums, cooperatives and planned communities provide for mediation and arbitration in their bylaws.
SC H 3396
AUTHOR: Cato [R]
TITLE: Cable Television Services
INTRODUCED: 01/31/2007
ENACTED: 03/30/2007
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
Amends existing law relating to cable television services, including mediation provisions.
US H 1682
SPONSOR: Frank [D]
TITLE: National Flood Insurance Program
INTRODUCED: 03/26/2007
DISPOSITION: Pending
LOCATION: House Financial Services Committee
Commentary:
Requires participation by Insurance Directors and adjusters in a state administered non binding mediation program in disputes over a natural catastrophe implicating flood damage insurance coverage.
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: To Governor
LOCATION: Eligible for Governor
Commentary:
Establish and use a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination fees.
WA S 5910
AUTHOR: Brandland [R]
TITLE: Medical Malpractice Claim
INTRODUCED: 02/06/2007
LAST AMEND: 03/13/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
Modifies the notice requirement of intent to file a medical malpractice claim; modifies mandatory mediation requirements through the superior court.
WA S 5952
COMPANION: WA H 1959
AUTHOR: McAuliffe [D]
TITLE: Department of Early Learning
INTRODUCED: 02/08/2007
LAST AMEND: 03/09/2007
DISPOSITION: To Governor
LOCATION: To Governor
Commentary:
Child care licensure; If family child care licensees seek to select a different representative ..., the family child care licensees may request that the American Arbitration Association conduct an election and certify the results of the election.
REGULATION
DE 1982, 2016 (2007)
AUTHOR: Department of Insurance
TITLE: Health Insurance Claims add Internal Review Process
PROPOSED: 04/01/2007
ADOPTED: 04/01/2007
Commentary:
Proposes rules rescinding the current regulation and substituting in lieu thereof revised provisions for the review and arbitration of health insurance claims.
MS 10984 (2007)
AUTHOR: Department of Insurance
TITLE: Special Non-Binding Arbitration Program
PROPOSED: 03/30/2007
ADOPTED: 03/30/2007
Commentary:
Establishes temporary rules regarding a special non-binding arbitration program for personal lines residential insurance claims resulting from Hurricane Katrina.
MS 10987 (2007)
AUTHOR: Department of Insurance
TITLE: Special Non-Binding Arbitration Program
PROPOSED: 03/30/2007
ADOPTED: 03/30/2007
Commentary:
Proposes mediation rules for residential insurance claims resulting from Hurricane Katrina.
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