ADR LAW & POLICY UPDATE

Federal Cases

First Circuit Upholds Arbitrator's Authority to Amend Award to Correct an Ambiguity
Eastern Seaboard Const., Inc. v. Gray Coast, Inc., No. 08-1679, 2008 WL 5428159 (1st Cir. Dec. 31, 2008)
12/31/2008

Reversing a district court ruling vacating an arbitration award in a construction dispute, the First Circuit held that an arbitrator retained the authority to amend an arbitration award because the amended award corrected an ambiguity and did not reconsider the merits of the dispute.

In Eastern Seaboard Const., Inc. v. Gray Coast, Inc., No. 08-1679, 2008 WL 5428159 (1st Cir. Dec. 31, 2008), general contractor Gray hired subcontractor Eastern to perform work on a military construction project. A payment dispute arose and the parties submitted their dispute to arbitration pursuant to the arbitration agreement in their contract... Full Story

Bankruptcy Court Finds Arbitration Agreement Unenforceable Against Bankrupt Estate Due to Inherent Conflict with the Bankruptcy Code
In re Payton Const. Corp., No. 07-11522-HB, 2009 WL 86968 (Bkrtcy.D.Mass. Jan. 13, 2009)
1/13/2009

Despite having found much of the parties' claims to be within the scope of otherwise valid arbitration agreements, a Massachusetts Bankruptcy Court held the arbitration agreements to be unenforceable as presenting an inherent conflict with the underlying purposes of the Bankruptcy Code.

In In re Payton Const. Corp., No. 07-11522-HB, 2009 WL 86968 (Bkrtcy.D.Mass. Jan. 13, 2009), the trustee of a liquidating trust objected to an administrative expense claim filed by the original debtor's insurer, Zurich American Insurance Co. ("Zurich" ) for the payment of unpaid premiums. In reaction to the trustee's objection, Zurich moved to compel arbitration or dismiss. The Bankruptcy Court denied this motion... Full Story

Michigan Federal Court Holds That Valid Jury Trial Waiver must be "Knowing and Voluntary"
High v. Capital Senior Living Properties 2- Heatherwood, Inc., No. 08-13066, 2008 WL 5411189 (E.D. Mich. Dec. 17, 2008)
12/17/2008

Denying a motion to compel arbitration in a dispute between a nursing home and the estate of a deceased resident, a Michigan federal court held that a patient did not assent to arbitration because she did not knowingly and voluntarily waive her right to a jury trial.

In High v. Capital Senior Living Properties 2- Heatherwood, Inc., No. 08-13066, 2008 WL 5411189 (E.D. Mich. Dec. 17, 2008), High's daughter placed her mother in a nursing home administered by Heatherwood in 2002. When High moved in, a nursing home employee presented her with the Heatherwood Resident Agreement containing an arbitration agreement. However, High never signed the document... Full Story

Michigan Federal Court Holds that FAA Bars Challenges to Preliminary Arbitrability Rulings of Arbitrators
Quixtar Inc. v. Brady, No. 08-14346, 08-1437, 2008 WL 5386774 (E.D.Mich. Dec. 17, 2008)
12/17/2008

Granting a motion to compel arbitration in a dispute between an online seller of health and beauty products and its distributors, a Michigan federal court held that the FAA bars challenges to preliminary rulings of arbitrators.

In Quixtar Inc. v. Brady, No. 08-14346, 08-1437, 2008 WL 5386774 (E.D.Mich. Dec. 17, 2008), various disputes arose between Quixtar and twenty of its former distributors. The distributors filed a class action suit alleging, inter alia, that Quixtar operated an illegal pyramid scheme. The next day, Quixtar filed arbitration claims against four of the twenty distributors. After extensive legal wrangling in various courts, the parties proceeded to arbitration... Full Story

New Jersey Federal Court holds Arbitration Agreement "Valid and Enforceable" Despite Former Employee's Claim to be Unaware of its Contents
Williams v. Washington Mut. Bank, No. CIV. A 07-5559 (JAG), 2008 WL 5427805 (D.N.J. Dec. 20, 2008)
12/20/2008

Granting a motion to compel arbitration of an employment dispute, a New Jersey federal court held that an arbitration agreement was "valid and enforceable" and that the party seeking to avoid arbitration provided no legal grounds for invalidating the arbitration agreement.

In Williams v. Washington Mut. Bank, No. CIV. A 07-5559 (JAG), 2008 WL 5427805 (D.N.J. Dec. 20, 2008), Washington Mutual hired Williams as an Assistant Manager at one of its branches. The employment contract contained an arbitration agreement mandating arbitration of all disputes. Washington Mutual later fired Williams. Williams responded by suing Washington Mutual for violation of the New Jersey Conscientious Employee Protection Act. Washington Mutual moved to compel arbitration pursuant to the employment contract's arbitration agreement. Williams opposed the motion arguing that she was unaware of the arbitration agreement's contents... Full Story

New Jersey Federal Court Finds FAA Preempts New Jersey Law Banning Class-Wide Arbitration Waivers
Shubert v. Wells Fargo Auto Finance, Inc., No. 08-3754 (NLH), 2008 WL Dec. 31, 2008 (D.N.J. Dec. 31, 2008)
12/31/2008

Granting a motion to compel arbitration in a dispute over a car lease, a New Jersey federal court held that a class-action waiver provision was enforceable under the FAA despite New Jersey precedent stating class-action arbitration waivers were unenforceable, because the FAA preempts state arbitration law.

In Shubert v. Wells Fargo Auto Finance, Inc., No. 08-3754 (NLH), 2008 WL Dec. 31, 2008 (D.N.J. Dec. 31, 2008), Shubert leased a car from a car dealer, who assigned its rights to Wells Fargo. When the lease expired, Shubert returned the car to Wells Fargo. Wells Fargo billed Shubert $578.79 for excess wear and use. Shubert paid the bill under protest and then filed a class action suit against Wells Fargo alleging it breached the lease and violated various New Jersey consumer protection laws... Full Story

New York Federal Court Holds Title VII Employment Discrimination Claims are Arbitrable
White v. Cantor Fitzgerald, L.P., No. 07 Civ. 8006(DAB), 2008 WL 5429648 (S.D.N.Y. Dec. 23, 2008)
12/23/2008

Where an arbitration agreement either specifically refers employee discrimination claims to mandatory arbitration or requires arbitration of disputes "arising under" or "in connection" with an employment agreement, federal employment discrimination claims must be pursued in arbitration.

In White v. Cantor Fitzgerald, L.P., No. 07 Civ. 8006(DAB), 2008 WL 5429648 (S.D.N.Y. Dec. 23, 2008), White brought an employment discrimination action against her former employer, its subsidiary, and its affiliate, Cantor Fitzgerald, L.P ("Cantor"). She alleged a pattern and practice of sex and gender discrimination and retaliation in violation of Title VII of the Civil Rights Act. Cantor filed a Motion to Dismiss arguing that White's claims could only be pursued in arbitration... Full Story

Opt-Out Provision Does Not Negate Existence of Injury in Antitrust Class Action Lawsuit Concerning Arbitration Agreements
In re Currency Conversion Fee Anti-Trust Litigation, MDL No. 1409., Nos. M 21-95, 05 Civ. 7116(WHP), 2009 WL 151168 (S.D.N.Y. Jan. 21, 2009)
1/21/2008

In an antitrust class action alleging a group of credit card companies conspired to include arbitration clauses in their cardholder agreements, the existence of an opt-out provision does not negate the plaintiffs' standing to bring the antirust claims, and the plaintiffs' claims survive a motion to dismiss.

In In re Currency Conversion Fee Anti-Trust Litigation, MDL No. 1409., Nos. M 21-95, 05 Civ. 7116(WHP), 2009 WL 151168 (S.D.N.Y. Jan. 21, 2009), plaintiff cardholders brought a putative antitrust class action lawsuit against certain credit card issuers, including Discover Financial Services LLC ("Discover"). The lawsuit alleges that the issuers conspired to include arbitration clauses in their cardholder agreements in violation of the Sherman Antitrust Act and seeks injunctive relief striking the arbitration clauses from the cardholder agreements... Full Story

State Cases

Texas Federal Court Upholds Arbitration Panel's Ruling Awarding Attorney Fees to Prevailing Party
Dealer Computer Services, Inc. v. Hammonasset Ford Lincoln-Mercury, Inc., No. CIV.A. H-08-1865, 2008 WL 5378065 (S.D.Tex. Dec. 22, 2008)
12/22/2008

Denying a motion to vacate an arbitration award in a commercial dispute, a Texas federal court held that an arbitration panel did not manifestly disregard the law when it awarded attorney fees to the prevailing party.

In Dealer Computer Services, Inc. v. Hammonasset Ford Lincoln-Mercury, Inc., No. CIV.A. H-08-1865, 2008 WL 5378065 (S.D.Tex. Dec. 22, 2008), Hammonasset Ford hired Dealer Computer to supply software support and upgrades for the computer system Ford used with its dealers. The parties' contract specified that Michigan law applied and required them to arbitrate any disputes under the commercial rules of the AAA... Full Story

Absent Valid Power of Attorney or Guardianship, Wife Cannot Bind Husband to Arbitration Agreement
Tolbert ex rel. Tolbert v. Danmar Retirement Villa, Inc., No. B207984, 2008 WL 5394108, (Cal. Ct.. App. Dec. 19, 2008)
12/19/2008

The California Court of Appeal held that without either a power of attorney agreement or an appointment as guardian or conservator, a spouse cannot bind their partner to an arbitration agreement. The representations of a spouse to a third-party regarding their ability to enter into contractual relationships on their partner's behalf are insufficient on their own to bind a martial partner to an arbitration agreement.

In Tolbert ex rel. Tolbert v. Danmar Retirement Villa, Inc., No. B207984, 2008 WL 5394108, (Cal. Ct.. App. Dec. 19, 2008), Tolbert brought a personal injury lawsuit against Danmar, a residential care facility. Tolbert, suffering from Alzheimer's disease, resided at the Danmar facility. The suit was brought through his wife as guardian ad litem... Full Story

Injunctive Relief Exception Does Not Swallow Entire Arbitration Agreement
Moulton Logistics Mgmt., Inc. v. Greenhouse Int'l, LLC, No. B206062, 2008 WL 5395665 (Cal. Ct. App. Dec. 8, 2008)
12/8/2008

A California Court of Appeal held an arbitration agreement exception requiring parties seeking injunctive relief to sue in court does not prevent the arbitration of all other claims in lawsuits where injunctive relief is asserted.

In Moulton Logistics Mgmt., Inc. v. Greenhouse Int'l, LLC, No. B206062, 2008 WL 5395665 (Cal. Ct. App. Dec. 8, 2008), Greenhouse sued Moulton in Delaware federal court seeking a permanent injunction and money damages related to a wide range of issues. In response, Moulton petitioned the Los Angeles Superior Court to compel Greenhouse to arbitrate its claims... Full Story

Louisiana Appellate Court Holds that Mere Use of a Credit Card does not Presume Consent to Arbitration
Chase Bank USA, N.A. v. Leggio, No. 43,567-CA, 2008 WL 4925802 (La. Ct. App. Nov. 19, 2008)
11/19/2008

Reversing a trial court order confirming an arbitration award in a consumer credit dispute, a Louisiana appellate court held that mere use of a credit card does not presume consent to arbitration when the borrower did not receive notice of the arbitration agreement.

In Chase Bank USA, N.A. v. Leggio, No. 43,567-CA, 2008 WL 4925802 (La. Ct. App. Nov. 19, 2008), Leggio obtained a credit card from Bank One in 2005. After his account went into default, Bank One's successor, Chase, filed an arbitration claim against Leggio. Leggio demanded that Chase produce a written arbitration agreement, but he only received a generic consumer credit card contract... Full Story

Court Rejects Evident Partiality Argument Where Arbitrator Undertakes Reasonable Efforts to Discover Potential Conflicts
Itron, Inc. v. WEB Construction, Inc., No. A08-0442, 2009 WL 113370 (Minn. Ct. App. Jan. 20, 2009)
1/20/2009

In affirming a trial court's decision to confirm an arbitration award, the Minnesota Court of Appeals held that an award will not be vacated for evident partiality if the arbitrator makes reasonable efforts to discover potential conflicts of interest.

In Itron, Inc. v. WEB Construction, Inc., No. A08-0442, 2009 WL 113370 (Minn. Ct. App. Jan. 20, 2009), Itron and WEB Construction (WEB) entered into a construction contract that contained an arbitration agreement. Itron later brought an arbitration claim against WEB for defective construction. Gregory Bistram, an attorney at Briggs & Morgan, L.L.P. (B&M), served as the arbitrator in the dispute between Itron and WEB... Full Story

Missouri Supreme Court Finds Wrongful Death Claims Outside Scope of Arbitration Agreement
Lawrence v. Manor, No. 89291, 2009 WL 77897 (Mo. Jan. 13, 2009)
1/13/2009

Affirming a denial of a motion to compel arbitration in a wrongful death dispute, the Missouri Supreme Court held that an arbitration agreement covering any claims the decedent might have had did not encompass wrongful death claims because the decedent could not possibly pursue such a claim.

In Lawrence v. Manor, No. 89291, 2009 WL 77897 (Mo. Jan. 13, 2009), Dorothy Lawrence became a resident at Beverly Manor ("Beverly") nursing home. Lawrence's daughter Skoglund, acting as her mother's agent under a power of attorney, signed an arbitration agreement requiring arbitration of all disputes including those "derived through" Lawrence... Full Story

New Jersey Appellate Court Holds Consolidation of Multiple Arbitrations Would Violate Specific Terms of Arbitration Agreement
The Biber Partnership, P.C. v. Diamond Hill Joint Venture, LLC, 2008 WL 5170756 (N.J. Super. Ct. App. Div. Dec. 10, 2008)
12/10/2008

Affirming a trial court ruling denying a motion to consolidate two arbitration proceedings, a New Jersey appellate court held that consolidation would violate a settlement agreement in which the disputing parties agreed to arbitrate before a specific arbitrator.

In The Biber Partnership, P.C. v. Diamond Hill Joint Venture, LLC, 2008 WL 5170756 (N.J. Super. Ct. App. Div. Dec. 10, 2008), architectural firm Biber hired engineering firm McManus to work on a building owned by Diamond Hill. The contract between Biber and Diamond Hill contained an arbitration agreement. Diamond Hill terminated Biber's architectural services. A payment dispute arose between McManus and Biber and, in January 2006, they entered into a settlement in which they agreed to arbitrate their dispute before a specified arbitrator... Full Story

New Jersey Appellate Court Refuses to Vacate Arbitration Award Where Defendant Refused to Participate in Arbitration
FIA Card Services, N.A. f/k/a MBNA America Bank, N.A. v. Razvi, No. A-1107-07T3, 2008 WL 5212741 (N.J. Super. Ct. App. Div. Dec. 16, 2008)
12/16/2008

Affirming a trial court ruling confirming an arbitration award in a credit card dispute, a New Jersey appellate court held that the failure of a party to request an arbitration hearing in the federal judicial district where he resided and then not participating in the arbitration was not grounds for vacating the award.

In FIA Card Services, N.A. f/k/a MBNA America Bank, N.A. v. Razvi, No. A-1107-07T3, 2008 WL 5212741 (N.J. Super. Ct. App. Div. Dec. 16, 2008), FIA Card Services served Razvi with a notice of arbitration to collect an unpaid balance on a credit card. Razvi refused to participate in the arbitration alleging that the proposed arbitral forum was in Minneapolis rather than New Jersey. The arbitrator awarded FIA Card Services $10,439 in an uncontested proceeding... Full Story

Court Grants Vague Summary Judgment Motion Referring to More Specific Language in Complaint Requesting Award Confirmation
Gillis v. MBNA America Bank, N.A., No. 2-08-058-CV, 2009 WL 51027 (Tex. Ct. App. Jan. 8, 2009)
1/8/2009

In affirming a trial court's decision to grant summary judgment on a suit to confirm an arbitration award, the Texas Court of Appeals held that where a motion for summary judgment does not specifically request confirmation of the arbitration award, but instead specifically incorporates the complaint that contained the request for confirmation, the trial court does not err by granting the motion for summary judgment and confirming the award.

In Gillis v. MBNA America Bank, N.A., No. 2-08-058-CV, 2009 WL 51027 (Tex. Ct. App. Jan. 8, 2009), MBNA obtained an arbitration award against Gillis after Gillis defaulted on his credit card account and refused to pay. MBNA then sued Gillis to confirm the arbitration award, specifically requesting that the award be confirmed in its complaint... Full Story

ADR Legislation & Regulation

LEGISLATION

CO H 1226
SPONSOR: McGihon [D]
TITLE: No fault Motor Vehicle Insurance Act
DISPOSITION: Pending
LOCATION: House Business Affairs and Labor Committee
Commentary:
The bill creates a "Colorado No Fault Vehicle Insurance Act." The bill establishes various procedures for arbitrating PIP coverage disputes.

DE H 49 PRIMARY
SPONSOR: Marshall M [D]
TITLE: Court of Chancery
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill regulates the Court of Chancery. As it relates to arbitration, the bill makes a few changes to the Delaware UAA to conform it to practice throughout the United States. The bill also authorizes the parties to have a member of the Court of Chancery arbitrate their dispute while guaranteeing the parties confidentiality.

FL H 653
AUTHOR: Soto [D]
TITLE: Homestead Property Foreclosure Actions
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
The bill regulates foreclosures and requires court ordered mediation of all foreclosure proceedings.

FL S 932
COMPARE: FL H 441, FL S 284, FL S 294, FL S 856
AUTHOR: Transportation Cmt
TITLE: Transportation
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill establishes an arbitration board to arbitrate disputes between the state and contractors doing work for the transportation department. The bill also permits parties to submit the dispute to private arbitration.

HI H 782
AUTHOR: Karamatsu [D]
TITLE: Uniform Mediation Act
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary:
The bill adopts the Uniform Mediation Act; provides certain rules for mediations; establishes a privilege that assures confidentiality of mediations in legal proceedings; protects integrity and knowing consent through provisions that provide exceptions to the privilege, limit disclosures by the mediator to

HI H 1787
AUTHOR: Pine [R]
TITLE: Residential Landlord tenant Code and Mediation
DISPOSITION: Pending
LOCATION: House Housing
Commentary:
The bill allows the office of consumer protection to order mediation of disputes between a residential landlord and tenant.

HI S 120
AUTHOR: Taniguchi [D]
TITLE: Uniform Mediation Act
DISPOSITION: Pending
LOCATION: Senate Judiciary and Government Operations Committee
Commentary:
Adopts the Uniform Mediation Act; provides certain rules for mediations; establishes a privilege that assures confidentiality of mediations in legal proceedings; protects integrity and knowing consent through provisions that provide exceptions to the privilege,

HI S 341
AUTHOR: Slom [R]
TITLE: Torts and Medical Tort Reform
DISPOSITION: Pending
LOCATION: Senate Health Committee
Commentary:
This bill provides that mandatory arbitration provisions in medical services contracts are valid and binding as long as they contain "substantially" the same language outlined in the bill. The bill also provides that the arbitration "notice" provision must be in 10 point, all caps bold red type.

HI S 1328
AUTHOR: Chun Oakland [D]
TITLE: Mortgage Foreclosure, Real Estate
DISPOSITION: Pending
LOCATION: Senate Commerce, Consumer Protection and Affordable Housing Committee
Commentary:
The bill "grants owner occupants of residential property the right to engage in mediation with a mortgagee in order to prevent foreclosures of the residential property."

ID H 36
AUTHOR: Agricultural Affairs Cmt
TITLE: Pure Seed Law
DISPOSITION: Pending
LOCATION: House Agricultural Affairs Committee
Commentary:
The bill "Amends existing law relating to the Pure Seed Law to revise provisions relating to the State Seed Advisory Board; and to revise provisions relating to seed arbitration and the Seed Arbitration Council." The bill imposes a conspicuous notice requirement and makes the arbitration binding.

MA H 86
AUTHOR: Commission of Uniform State Laws
TITLE: Uniform State Law Commission Transmittal Letter
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
The bill adopts the Revised Uniform Arbitration Act and the Uniformed Mediation Act.

MA H 94
AUTHOR: Commission of Uniform State Laws
TITLE: Mediation Act
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
The bill makes uniform certain aspects of mediation.

ME LR 901
AUTHOR: Office of Hastings
TITLE: Arbitration and Medical Malpractice
DISPOSITION: Pending
LOCATION: Legislature
Commentary:
The bill "Authorizes an active retired justice or judge to conduct arbitration and chair medical malpractice screening panels"

ME LR 1101
AUTHOR: Wagner R [D]
TITLE: Confidentiality in Mediation Cases
DISPOSITION: Pending
LOCATION: Legislature
Commentary:
Provides confidentiality in mediation cases.

ME LR 1377
AUTHOR: Flaherty [D]
TITLE: Mandatory Arbitration in Consumer Contracts
DISPOSITION: Pending
LOCATION: Legislature
Commentary:
Requires mandatory arbitration in consumer contracts.

ME LR 1677
AUTHOR: Goode [D]
TITLE: Mandatory Binding Arbitration
DISPOSITION: Pending
LOCATION: Legislature
Commentary:
Prohibits mandatory binding arbitration.

MN H 354
COMPANION: MN S 340
AUTHOR: Hilstrom [DFL]
TITLE: Real Property
DISPOSITION: Pending
LOCATION: House Commerce and Labor Committee
Commentary:
The bill requires notice and mandatory mediation prior to commencement of mortgage foreclosure proceedings and creates a homestead lender account.

MN S 242
COMPANION: MN H 9
AUTHOR: Anderson E [DFL]
TITLE: Real Property
DISPOSITION: Pending
LOCATION: Senate Commerce and Consumer Protection Committee
Commentary:
The bill relates to real property and provides for the Minnesota Subprime Borrower Relief Act. As it relates to arbitration, the bill permits an eligible foreclosed borrower to use a volunteer arbitration to try to resolve issues with the lender.

MN S 340
COMPANION: MN H 354
AUTHOR: Scheid [DFL]
TITLE: Real Property
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary:
The bill requires notice and mandatory mediation prior to commencement of mortgage foreclosure proceedings and creates a homestead lender mediation account.

MT D 1821
AUTHOR: Wilson B [D]
TITLE: Interest Rate
DISPOSITION: Pending
LOCATION: Draft
Commentary:
The bill limits interest rates on title and deferred deposit 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 consumer's rights." The bill also states, "a mandatory arbitration clause that complies with the applicable standards of the American Arbitration Association must be presumed to not violate the [foregoing provision]."

NH S 153
AUTHOR: Letourneau [R]
TITLE: Motor Vehicle Manufacturers
DISPOSITION: Pending
LOCATION: Senate Commerce, Labor and Consumer Protection Committee
Commentary:
The bill regulating motor vehicle franchises requires arbitration of disputes between vehicle franchisor and vehicle franchisee if contractually provided for and the parties agree to arbitration AFTER the dispute arises.

NM H 406
AUTHOR: Park [D]
TITLE: Financial Transactions
DISPOSITION: Pending
LOCATION: House Business and Industry Committee
Commentary:
The bill regulates title loans and prohibits any mandatory arbitration clauses in a title loan contract.

NM S 340
AUTHOR: Morales [D]
TITLE: Financial Institutions
DISPOSITION: Pending
LOCATION: Senate Corporations and Transportation Committee
Commentary:
The bill regulating tax refund anticipation loans prohibits mandatory arbitration clauses in those contracts.

NV A 122
AUTHOR: Smith [D]
TITLE: Consumer Health Assistance
DISPOSITION: Pending
LOCATION: ASSEMBLY
Commentary:
The bill enacts various changes to the Office of Consumer Health Assistance. As it relates to arbitration, the bill authorized the Director to employ arbitration or other forms of ADR to help resolve disputes between patients and hospitals.

NY A 2964
SPONSOR: Barclay [R]
TITLE: New York Automobile Insurance Fraud and Reduction Act
DISPOSITION: Pending
LOCATION: Assembly Insurance Committee
Commentary:
The bill enacts the New York Automobile Insurance Fraud and Reduction Act. As it relates to arbitration, the bill would amend the existing arbitration program to require arbitration of disputes involving the insurer's liability to pay first party benefits rather than arbitration being an optional forum. The arbitration takes place as part of a state administered arbitration program.

NY A 3147
SPONSOR: Thiele [R]
TITLE: Land Use Mediation Program
DISPOSITION: Pending
LOCATION: Assembly Judiciary Committee
Commentary:
Creates the land use mediation program and the court alternative dispute resolution service; assigns mediators who are knowledgeable in land use regulatory issues and environmental law; establishes a simple and expedient application process; outlines eligibility of landowner to apply for mediation.

NY A 3244
SPONSOR: Pheffer [D]
TITLE: Consumer Protection On Vehicle Retail Leasing
DISPOSITION: Pending
LOCATION: Assembly Consumer Affairs and Protection Committee
Commentary:
The bill regulates Consumer Protection on Vehicle Retail Leasing and allows a lessee to submit disputes to an alternative arbitration mechanism established by the New York Attorney General.

NY A 3681
SPONSOR: Lentol [D]
TITLE: Arbitration Award
DISPOSITION: Pending
LOCATION: Assembly Codes Committee
Commentary:
The bill provides that a court shall modify an arbitration award if the award is subject to a valid offset provision.

PA H 126
PN: 122
AUTHOR: Killion [R]
TITLE: Judiciary and Judicial Procedure Code
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary:
The bill prohibits magisterial judges from serving as arbitrators.

RI H 5196
AUTHOR: Schadone [D]
TITLE: Insurance
DISPOSITION: Pending
LOCATION: House Corporations Committee
Commentary:
Would provide a cause of action for third party claimants in automobile accidents for unfair claims practices. In addition, this act would provide guidelines for arbitration of motor vehicle accident claimants. This act would take effect upon passage.

TX S 556
AUTHOR: Hinojosa [D]
TITLE: Health Care Provider Contracts
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill regulates contracts between physicians and health care providers. As it relates to arbitration, the bill permits arbitration agreements relating to this chapter.

US S 263
SPONSOR: Casey [D]
TITLE: Uniformed Services Employment rights Act Enforcement
DISPOSITION: Pending
LOCATION: Senate Veterans' Affairs Committee
Commentary:
The bill outlaws arbitration of Uniformed Services Employment and Reemployment Rights Act Enforcement (USERRA) disputes. It does permit post dispute arbitration of USERRA claims.

US S 336
SPONSOR: Inouye [D]
TITLE: Infrastructure Investment
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill creates an arbitration panel in the Gulf Coast areas affected by the hurricanes to determine whether to award or deny disputes public assistance.

VT S 51
AUTHOR: Shumlin [D]
TITLE: Franchise Practices
DISPOSITION: Pending
LOCATION: Senate Transportation Committee
Commentary:
The bill imposes various restrictions on arbitration in motor franchise agreements. It only allows post-dispute arbitration and restricts provisions limiting remedies or forums.

WA S 5564
COMPANION: WA H 1149
AUTHOR: Kohl Welles [D]
TITLE: Consumers From Breaches of Security
DISPOSITION: Pending
LOCATION: Senate Labor, Commerce & Consumer Protection Committee
Commentary:
The bill regulates security in electronic transactions. As it relates to arbitration, the bill permits arbitration of disputes resulting from breaches of security.

REGULATIONS

none.