ADR LAW & POLICY UPDATE

Federal Cases

Third Circuit Court of Appeals Holds Only Parties that Agree to Arbitrate Subject to Stay of Litigation Under §3 of the FAA
Mendez v. Puerto Rican Intern. Companies, Inc., No. 07-4053, 2009 WL 174914 (3rd Cir. Jan. 26, 2009)
1/26/2009

Affirming a district court ruling denying a stay of litigation of an employment dispute with respect to plaintiffs who did not sign an arbitration agreement, the Third Circuit Court of Appeals held that §3 of the FAA generally does not authorize a stay of litigation for the parties not subject to the arbitration agreement.

In Mendez v. Puerto Rican Intern. Companies, Inc., No. 07-4053, 2009 WL 174914 (3rd Cir. Jan. 26, 2009), forty-nine individuals sued PPS and Flucor for employment discrimination and retaliation. PPS and Flucor moved to stay the case pending arbitration arguing that all the plaintiffs had signed arbitration agreements. However, they could only produce evidence that eight of the plaintiffs had signed written arbitration agreements... Full Story

Home Builder Waives Right to Arbitration by Litigating for Two Years
Forrester v. Penn Lyon Homes, Inc., No. 07-2171, 2009 WL 131191 (4th Cir. Jan. 21, 2009)
1/21/2009

In affirming a trial court’s decision to deny a home builder’s motion to compel arbitration, the Fourth Circuit Court of Appeals held that where a party participates in litigation for almost two years, filing both dispositive and non-dispositive motions and engaging in extensive discovery, that party waives its right to arbitration.

In Forrester v. Penn Lyon Homes, Inc., No. 07-2171, 2009 WL 131191 (4th Cir. Jan. 21, 2009), Forrester and Penn Lyon Homes (PLH) entered into an agreement for the construction of a home. PLH provided Forrester with a structural warranty that contained an arbitration agreement. After a dispute arose between the parties, Forrester sued PLH in state court... Full Story

Class Waiver Not Unconscionable Under California Law Because of Opt-Out Provision
Guadagno v. E*Trade Bank, No. CV 08-03628 SJO (JCX), 2008 WL 5479062 (C.D. Cal. Dec. 29, 2008)
12/29/2008

In granting a motion to compel arbitration, a federal court in California held that an arbitration provision containing a class action waiver is not unconscionable where the consumer has sixty days to review the agreement and opt out of arbitration.

In Guadagno v. E*Trade Bank, No. CV 08-03628 SJO (JCX), 2008 WL 5479062 (C.D. Cal. Dec. 29, 2008), Guadagno opened an account with E*Trade after filling out an online application. The account agreement contained an arbitration provision, a class action waiver, and a Virginia choice-of-law provision... Full Story

Illinois Federal Court Holds Arbitration Agreement Encompasses Bad Faith Claim
BCS Ins. Co. v. Independence Blue Cross, No. 08 C 6342, 2009 WL 102978 (N.D. Ill. Jan. 15, 2009)
1/15/2009

Granting a motion to compel arbitration of an insurance coverage dispute, an Illinois federal court held that a bad faith claim was within the scope of a broadly worded arbitration agreement.

In BCS Ins. Co. v. Independence Blue Cross, No. 08 C 6342, 2009 WL 102978 (N.D. Ill. Jan. 15, 2009), BCS issued a Directors and Officers Liability Insurance Policy. The policy contained an arbitration agreement requiring arbitration of disputes. A third party sued IBC for alleged improper negotiation and performance of contracts. After the lawsuit settled, IBC filed a claim with BCS seeking indemnification for the incurred legal expenses. BCS denied coverage... Full Story

Virginia Federal Court Holds That Arbitration Allows Employee to Vindicate Title VII Rights
Koridze v. Fannie Mae Corp., No. 1:08cv682, 2009 WL 68785 (E.D.Va. Jan. 06, 2009)
1/26/2009

Granting a motion to compel arbitration of an employment dispute, a Virginia federal court held that arbitration costs did not prevent an employee from effectively vindicating her Title VII rights because she offered no evidence showing that arbitration would cost more than litigation.

In Koridze v. Fannie Mae Corp., No. 1:08cv682, 2009 WL 68785 (E.D.Va. Jan. 06, 2009) Koridze sued her former employer Predigo for, among other things, Title VII employment discrimination. Predigo moved to compel arbitration pursuant to the arbitration agreement in the parties’ consulting agreement. Koridze opposed the motion arguing that that the cost of arbitrating her claims prevented her from pursing the Title VII action... Full Story

State Cases

California Supreme Court Holds MFAA Attorney Fee Dispute Program does not Prevent Enforcement of a Valid Arbitration Agreement under the CAA
Schatz v. Allen Matkins Gamble & Mallory LLP, No. S150371, 2009 WL 161199 (Cal. Jan. 26, 2009)
1/26/2009

Reversing a ruling denying a motion to compel arbitration of an attorney fee dispute, the California Supreme Court held that participation in an arbitration administered under the Mandatory Fee Arbitration Act (MFAA) does not prevent enforcement of a valid arbitration agreement when the losing party appeals the MFAA arbitration ruling and seeks a trial de novo.

In Schatz v. Allen Matkins Gamble & Mallory LLP, No. S150371, 2009 WL 161199 (Cal. Jan. 26, 2009), Schatz hired the law firm of Allen Matkins to represent him in a legal dispute. The parties’ contract contained an arbitration agreement requiring binding arbitration of disputes. A payment dispute arose, but the parties arbitrated the dispute under the nonbinding arbitration of the MFAA administered by the local bar association, rather than under the binding arbitration agreement that the parties had signed... Full Story

California Appellate Court Holds Arbitrator Did Not Exceed His Powers in Modifying Interim Arbitration Award
Sun Country Builders, Inc. v. Coker Equipment Co., Inc., No. D052434, 2009 WL 33627 (Cal. Ct. App. Jan. 07, 2009)
1/7/2009

Affirming a trial court ruling confirming an arbitration award in a construction dispute, a California appellate court held that the arbitrator did not exceed his powers when he modified an interim award and added attorney fees to the final award.

In Sun Country Builders, Inc. v. Coker Equipment Co., Inc., No. D052434, 2009 WL 33627 (Cal. Ct. App. Jan. 07, 2009), Sun Country leased a crane from Coker. The parties entered into several contracts containing an arbitration agreement and attorney fee provision. After a dispute arose, the parties submitted the dispute to arbitration... Full Story

California Appellate Court Holds that Arbitration Agreements Must Bind Both Parties
Dominguez v. Alden Enterprises, Inc., No. B203182, 2009 WL 27156 (Cal. Ct. App. Jan. 06, 2009)
1/6/2009

A California appellate court has held that an arbitration clause in an employee handbook agreement was unconscionable because it only required the employee to arbitrate claims while making no mention of the employer’s obligation to arbitrate.

In Dominguez v. Alden Enterprises, Inc., No. B203182, 2009 WL 27156 (Cal. Ct. App. Jan. 06, 2009), Alden hired Dominguez to work as a nursing assistant. When he began working, Dominguez received a 52-page employee handbook containing an arbitration policy and a two-page acknowledgment form containing an arbitration agreement, which Dominguez signed... Full Story

Challenge to Entire Cardmember Agreement is for Arbitrator to Decide
Taylor v. Chase Manhattan Bank, No. CV075002280S, 2008 WL 5540420 (Conn.Super., Dec 11, 2008)
12/11/2008

A Connecticut trial court denied a motion to vacate an award for lack of jurisdiction premised on the invalidity of a cardmember agreement containing an arbitration agreement. The Court found that where the validity of a contract as a whole is challenged, an arbitral tribunal retains jurisdiction to determine whether the whole contract containing the arbitration agreement applies to the challenging party.

In Taylor v. Chase Manhattan Bank, No. CV075002280S, 2008 WL 5540420 (Conn.Super., Dec 11, 2008), defendant Chase filed a claim with the National Arbitration Forum (“the FORUM”) for sums owed on the plaintiff Taylor’s credit account. Taylor contested the jurisdiction of the arbitral tribunal by filing with the FORUM a Notice of Objection to Arbitration, in which he asserted that “[t]here was never any arbitration agreement between [the] [p]plaintiff and [the] [d]efendant….”... Full Story

Claim for Injunctive Relief Not Arbitrable Where Arbitration Agreement Bars “Written Opinion”
Hialeah Automotive, LLC v. Basulto, No. 3D07-855, 2009 WL 187584 (Fla. Ct. App. Jan 28, 2009)
1/28/2009

The Florida Court of Appeals held that claims seeking injunctive relief are not arbitrable where an arbitration clause does not allow an arbitrator to issue a written opinion. A severability clause cannot save the agreement because a restriction on written opinions is not inherently invalid.

In Hialeah Automotive, LLC v. Basulto, No. 3D07-855, 2009 WL 187584 (Fla. Ct. App. Jan 28, 2009), Basulto purchased a vehicle from Hialeah. As part of the transaction, the parties signed a broadly-worded arbitration agreement ostensibly covering all claims arising out of the transaction. After Hialeah allegedly refused to honor the full trade-in amount agreed at the time of purchase, Basulto sued Hialeah for violation of Florida’s unfair trade practices statute. Hialeah moved to compel arbitration. The trial court denied the motion... Full Story

Georgia Appellate Court Vacates Arbitration Award for Failure to Comply with Georgia Arbitration Code
Asset Acceptance, LLC v. Wheeler, No. A08A2410, 2009 WL 71504 (Ga. Ct. App. Jan. 13, 2009)
1/13/2009

Affirming a trial court ruling denying a motion to confirm an arbitration award in a credit card collections dispute, a Georgia appellate court held that that the debt collector failed to provide proof that it complied with the Georgia Arbitration Code’s requirements.

In Asset Acceptance, LLC v. Wheeler, No. A08A2410, 2009 WL 71504 (Ga. Ct. App. Jan. 13, 2009), Asset Acceptance filed an arbitration claim with National Arbitration Forum (FORUM) against Wheeler to recover credit card debt allegedly owed by Wheeler. The arbitrator awarded $38,904.55 without holding a hearing. Asset Acceptance moved to confirm the award. The trial court denied the motion holding that Wheeler did not receive proper notice because counsel for Asset Acceptance did not know whether the FORUM had followed its own rules by mailing a second notice of arbitration. Asset Acceptance appealed. The evidence showed, however, that Wheeler received an initial notice of arbitration via statutory overnight delivery... Full Story

Missouri Appellate Court Lets Arbitrator Decide Whether to Certify a Class
Woods v. QC Financial Services, Inc., No. ED 90949, 2008 WL 5454124 (Mo. Ct. App. Dec. 23, 2008)
12/23/2008

Affirming a trial court ruling severing a provision banning class-wide arbitration but nonetheless ordering arbitration, a Missouri appellate court held that a provision prohibiting class-action arbitrations was substantively unconscionable because it prevents consumers from pursuing small dollar claims.

In Woods v. QC Financial Services, Inc., No. ED 90949, 2008 WL 5454124 (Mo. Ct. App. Dec. 23, 2008), Woods obtained several payday loans from Quick Cash. The payday loan contracts contained arbitration agreements that prohibited class-action arbitrations. Afterward, Woods sued Quick Cash for violating several Missouri statutes governing payday lenders and sought class certification on behalf of similarly situated plaintiffs. Quick Cash responded by moving to compel individual arbitration pursuant to the loan contract’s arbitration agreement... Full Story

Ohio Appellate Court Finds Arbitral Forum Preserves Substantive Rights
Hawkins v. O’Brien, No. 22490, 2009 WL 50616 (Ohio Ct. App. Jan. 9, 2009)
1/9/2009

In a FDCPA dispute over a payday loan, an Ohio appellate court held that an arbitration agreement was enforceable because the arbitral forum preserved the substantive rights conferred by the FDCPA, and compelled arbitration of the dispute.

In Hawkins v. O’Brien, No. 22490, 2009 WL 50616 (Ohio Ct. App. Jan. 9, 2009), Hawkins obtained a payday loan from Kentucky Check. Hawkins supplied a post-dated check for $543.75 in exchange for $475 cash. When Kentucky Check tried to deposit the check two weeks later, it was unable to do so because Hawkins had closed his bank account... Full Story

Texas Appellate Court Finds Language “Related to the Relationship Created by the Agreement” Broad Enough to Render Tort Dispute Arbitrable
In re Swift Transp. Co., Inc., No. 05-08-01377-CV, 2009 WL 153485 (Tex. App. Jan. 23, 2009)
1/23/2009

Reversing a trial court ruling denying a motion to compel arbitration of a tort dispute, a Texas appellate court held that the broad phrase “arising out of or relating to the relationship created by the Agreement” encompassed an unexpected tort committed by one of the parties’ employees.

In In re Swift Transp. Co., Inc., No. 05-08-01377-CV, 2009 WL 153485 (Tex. App. Jan. 23, 2009), Swift and McDougle entered into a Contractor Agreement under which McDougle would transport freight for Swift as an independent contractor. McDougle also signed a Mentor Addendum to the Contractor Agreement under which he would train Swift’s employee drivers. While McDougle rode as a passenger, Swift’s driver Curtis lost control and hit another tractor-trailer killing him and injuring McDougle... Full Story

ADR Legislation & Regulation

LEGISLATION

AL S 346
AUTHOR: French [R]
TITLE: Joint Transportation Committee
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary:
The bill would authorize the Joint Transportation Committee to call for and conduct a binding arbitration hearing with the Department of Transportation and any private business person or entity involving a civil dispute or conflict.

AZ H 2510
AUTHOR: Miranda B [D]
TITLE: Home Equity Purchasers
DISPOSITION: Pending
LOCATION: House Banking and Insurance
Commentary:
The bill regulates home equity purchasers.As it relates to arbitration, the bill makes “any provision in a covered contract that attempts or purports to require arbitration of any dispute arising under this article shall be void at the option of the equity seller.”

AZ H 2522
AUTHOR: Waters [D]
TITLE: Foreclosure Rescue
DISPOSITION: Pending
LOCATION: House Commerce Committee
Commentary:
The bill concerns foreclosure rescue.As it relates to arbitration, the bill states “any provision in a covered contract that attempts or purports to require arbitration of any dispute arising under this article shall be void at the option of the equity seller.”

FL H 609
COMPARE: FL H 551, FL S 1298
IDENTICAL: FL S 1032
AUTHOR: Jenne [D]
TITLE: Mobile Home Park Lot Tenancies
DISPOSITION: Pending
LOCATION: House Insurance, Business & Financial Affairs Policy Committee Committee
Commentary:
Authorizes courts to order nonbinding arbitration of mobile home park lot tenancy disputes, or, with the consent of the parties, binding arbitration.The parties equally pay the arbitrators if neither party requests a trial de novo. If a party has filed for a trial de novo, the party is assessed the arbitration costs, court costs, and other reasonable costs of the opposing party, including attorney’s fees, investigation expenses, and expenses for expert or other testimony or evidence incurred after the arbitration hearing if the judgment upon the trial de novo is not more favorable than the arbitration decision.

FL S 7058
AUTHOR: Banking and Insurance Cmt
TITLE: Mortgage Brokering and Lending
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill relates to mortgage brokering and lending.As it relates to arbitration, the bill allows a borrower to choose between court or binding arbitration under the AAA or other forum with similar rules and procedures.

HI H 782
AUTHOR: Karamatsu [D]
TITLE: Uniform Mediation Act
DISPOSITION: Pending
LOCATION: House Finance Committee
Commentary:
The bill adopts the Uniform Mediation Act; provides rules for mediations; establishes a privilege that assures confidentiality of mediations in legal proceedings; limits disclosures by the mediator to judges and others who may rule on the case; requires mediators to disclose conflicts of interest, and assures that parties may bring a lawyer or other support.

IL S 1282
SPONSOR: Link [D]
TITLE: Liquor Control Act of 1934
DISPOSITION: Pending
LOCATION: Senate Committee on Assignments Committee
Commentary:
The bill regulates non resident and foreign importers of alcoholic liquors who are not manufacturers.As it relates to arbitration, the bill states that provisions concerning “arbitration apply only if the brewer agrees to pay reasonable compensations as defined under the Act.”

IL S 1376
SPONSOR: Holmes [D]
TITLE: Consumer Installment Loan Act
DISPOSITION: Pending
LOCATION: Senate Committee on Assignments Committee
Commentary:
The bill regulates loans and prohibits payday lenders from including “a mandatory arbitration clause that is oppressive, unfair, unconscionable, or substantially in derogation of the rights of the borrower.”

IN H 1086
AUTHOR: Fry [D]
TITLE: Coverage For Dialysis Treatment
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
The bill provides for mediation and arbitration of disputes between dialysis facilities and health insurers or HMOs.

KY H 300
SPONSOR: Webb [D]
TITLE: Human Rights
DISPOSITION: Pending
LOCATION: House State Government Committee
Commentary:
The bill establishes various provisions for mediation for disputes brought before the Human Rights Commission.The bill permits a conciliation agreement to allow the disputing parties to engage in binding arbitration.

MD S 133
CROSSFILED WITH: MD H 121
AUTHOR: Forehand [D]
TITLE: Task Force
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill establishes Task Force to Study Changes to the Automotive Warranty Enforcement Act and empowers it to determine whether to create a State run arbitration program to resolve disputes under the Automotive Warranty Enforcement Act.

MN H 722
COMPANION: MN S 616
AUTHOR: Thissen [DFL]
TITLE: Taxation
DISPOSITION: Pending
LOCATION: House Taxes Committee
Commentary:
The bill regulates tax preparers and prohibits them from including a mandatory arbitration clause.

MO S 370
SPONSOR: Bray [D]
TITLE: Foreclosures
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill allows the division of finance to administer free mediation services between creditors and debtors in default on their mortgage and outlines procedures for this program.

MS H 948
AUTHOR: Robinson W [D]
TITLE: Insurance Companies
DISPOSITION: Failed
LOCATION: Died
Commentary:
A bill regulating insurance that provides “a qualified independent certified public accountant may enter into an agreement with an insurer to have disputes relating to an audit resolved by mediation or arbitration.”

MS H 1122
AUTHOR: Banks [D]
TITLE: Arbitration Clause
DISPOSITION: Failed
LOCATION: HOUSE
Commentary:
The bill makes arbitration clauses between a seller or provider and a citizen in Mississippi nonbinding.

MT D 703
AUTHOR: Office of Gillan
TITLE: Payday and Title Loan Laws
DISPOSITION: Pending
LOCATION: Draft
Commentary:
The bill regulates payday loans.As it relates to arbitration the bill states, “A loan agreement may not contain a mandatory arbitration clause that is oppressive, unconscionable, unfair, or in substantial derogation of a consumer’s rights... A mandatory arbitration clause that complies with the applicable standards of the American arbitration association must be presumed to not violate the provisions of subsection (6)(a)”

MT H 542
AUTHOR: Vance [R]
TITLE: Trade Practice Laws
DISPOSITION: Pending
LOCATION: House Business and Labor Committee
Commentary:
The bill revises motorsports manufacturers unfair trade practices laws.As it relates to arbitration, the bill prohibits motorsports manufactures from requiring “that any arbitration proceedings or legal action between the parties take place in a venue other than the state of Montana.”

NH S 70
AUTHOR: Reynolds [D]
TITLE: Office of Mediation and Arbitration
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill authorizes the office of mediation and arbitration within the judicial branch to provide pre suit alternative dispute resolution services as a Supreme Court request.

NH S 74
AUTHOR: Clark [D]
TITLE: Small Claims Actions
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill requires mediation for small claims actions.

NH S 106
AUTHOR: Reynolds [D]
TITLE: Mediation of Civil Writs
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill “establishes a program for mediation of civil writs in the district court and funds the program with a surcharge on the filing fee for civil writs. This bill was requested by the supreme court.”

NV A 149
AUTHOR: Buckley [D]
TITLE: Foreclosures on Property
DISPOSITION: Pending
LOCATION: Assembly Commerce and Labor Committee
Commentary:
This bill would provide a homeowner with the right to request mediation under which he may receive a loan modification. Once a homeowner requests mediation, no further action may be taken to exercise a power of sale until the completion of the mediation. Each mediation must be conducted by a senior justice, judge, hearing master or other designee pursuant to rules adopted by the Nevada Supreme Court or an entity designated by the Nevada Supreme Court.

NY A 5293
SPONSOR: Morelle [D]
TITLE: Human Rights Management and Training Plan
DISPOSITION: Pending
LOCATION: Assembly Governmental Operations Committee
Commentary:
The bill regulates the New York Human Rights Commission.As it relates to mediation, the bill requires “ESTABLISHMENT OF A PROFESSIONAL MEDIATION UNIT WHICH SHALL BE COMPRISED OF MEDIATORS WHO HAVE AT LEAST FIVE YEARS OF NON DIVISION EXPERIENCE IN DISCRIMINATION MEDIATION, WHO HAVE DEMONSTRATED SUCCESS IN SUCH EFFORTS, AND WHO HAVE SUCCESSFULLY COMPLETED DISCRIMINATION MEDIATION TRAINING PROGRAMS.”

OR S 515
AUTHOR: Bonamici [D]
TITLE: Warranties on Motor Vehicles
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill regulates motor vehicle warranties.As it relates to arbitration, the bill states “A decision resulting from arbitration pursuant to the informal dispute settlement procedure is binding on the manufacturer but not binding on the consumer.

OR S 518
AUTHOR: Morrisette [D]
TITLE: Dispute Resolution
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill provides that parties may not waive dispute resolution in certain cases arising out of provision of health care.

RI H 5492
AUTHOR: Segal [D]
TITLE: Property
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary:
The bill requires foreclosing lenders to offer mediation to their mortgagors.

TN S 736
AUTHOR: Beavers [R]
TITLE: Arbitration
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
Relates to arbitration; decreases from eight months to six months the time an award shall be filed if the time is not fixed in the submission and the time is prolonged by mutual consent.

TN S 813
AUTHOR: Overbey [R]
TITLE: Consumer Protection
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill would enact the Uniform Debt-Management Services Act, which states, as it relates to arbitration, that an agreement may not “Except as permitted by title 29, chapter 5, part 3, or by Section 2 of the Federal Arbitration Act, 9 U.S.C. Section 2, as amended, contain a provision that modifies or limits otherwise available forums or procedural rights, including the right to trial by jury, that are generally available to the individual under law other than this part.”

US H 1
SPONSOR: Obey [D]
TITLE: American Recovery and Reinvestment Act
DISPOSITION: Pending
LOCATION: Conference Committee
Commentary:
The bill states “the President shall establish an arbitration panel under the Federal Emergency Management Agency public assistance program to expedite the recovery efforts from Hurricanes Katrina, Rita, Gustav, and Ike within the Gulf Coast Region. The arbitration panel shall have sufficient authority regarding the award or denial of disputed public assistance applications for covered hurricane damage under section 403, 406, or 407 of the Robert T. Stafford Disaster.”

US H 991
SPONSOR: Gutierrez [D]
TITLE: Arbitration Clauses Imposed on Consumers
DISPOSITION: Pending
LOCATION: House Financial Services Committee
Commentary:
The bill titled “Arbitration Clauses Imposed on Consumers” is similar to the Arbitration Fairness Act.It expressly states that the purpose is “to treat arbitration clauses which are unilaterally imposed on consumers as an unfair and deceptive trade practice and prohibit their use in consumer transactions.”

US H 1020
SPONSOR: Johnson H [D]
TITLE: Amending Chapter 1 of Title 9 of United States Code
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary:
The bill “Amends chapter 1 of title 9 of United States Code with respect to arbitration”to prohibit predispute arbitration agreements in consumer, employment, and franchise agreements, and prohibit predispute arbitration agreements of any disputes arising under statutes that protect civil rights.

UT H 165
AUTHOR: Newbold [R]
TITLE: Short Title Health Reform
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
The bill regulates health care and insurance and states “nothing in this section may be construed as limiting the ability of an insurer to... enter into a mutual agreement with a provider to resolve alleged violations of this section through mediation or binding arbitration.”

UT H 424
AUTHOR: Duckworth S [D]
TITLE: Short Title Utah Uniform Arbitration Act
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
Relates to amending the Uniform Arbitration Act.No bill text is currently available.

WA H 2213
AUTHOR: Green [D]
TITLE: Health Care Contracts
DISPOSITION: Pending
LOCATION: House Health Care and Wellness Committee
Commentary:
The bill regulates health care contracts and permits arbitration agreements for contracts subject to this section.The bill permits the option to use prior arbitration awards as persuasive authority and allows public disclosure of awards in limited circumstances.

WV H 2389
SPONSOR: Blair [R]
TITLE: Motor Vehicle Insurance Certificate
DISPOSITION: Pending
LOCATION: House Banking and Insurance Committee
Commentary:
The bill regulates motor vehicle insurance certificates and provides “no such endorsement or provision shall contain any provision requiring arbitration of any claim arising under such endorsement or provision.”

WV S 105
SPONSOR: Minard [D]
TITLE: Mortgage Loan
DISPOSITION: Pending
LOCATION: Senate Banking and Insurance Committee
Commentary:
The bill regulates mortgage loans and prohibits in loan contracts “a requirement for compulsory arbitration which does not comply with federal law.

REGULATIONS

None