Federal Cases
Medicare Act Trumps California Arbitration Law Regarding Notice and Disclosure
Clay v. Permanente Medical Group, Inc., No. 06-7926 SC, 2007 WL 4374273 (N.D. Cal. Dec. 14, 2007)
12/14/2007
A California federal court determined that the amended Medicare Act preempts California arbitration notice and disclosure requirements in health insurer/patient agreements.
In Clay v. Permanente Medical Group, Inc., No. 06-7926 SC, 2007 WL 4374273 (N.D. Cal. Dec. 14, 2007), Rodney Clay and his wife Deborah Clay became members of the Kaiser Foundation Health Plan (Health Plan). Rodney developed kidney problems and it became necessary for him to receive a kidney transplant. He was transferred back and forth between two medical centers and died before he could receive the transplant... Full Story
D.C. District Court: Disclosure of Statements Made During Mediation Warrants Sanctions Against Attorney
Williams v. Johanns, Civ. A. No. 03-2245 (CKK), 2008 WL 36633 (D. D.C. Jan. 2, 2008)
1/2/2008
A federal district court in the District of Columbia has sanctioned an attorney for violating a confidentiality order through his disclosure of statements made during a mediation session.
In Williams v. Johanns, Civ. A. No. 03-2245 (CKK), 2008 WL 36633 (D. D.C. Jan. 2, 2008), attorney Myart submitted a memorandum to the Court containing statements made during the course of Court-ordered mediation. Myart admitted that, by containing such statements, the submission violated a Court-imposed confidentiality order... Full Story
Employee Handbook Must Be Delivered for Arbitration Agreement to Take Effect
Nabry v. MV Transportaion, Inc., No. 07-CV-0124 PJS/JJG, 2007 WL 4373107 (D. Minn. Dec. 13, 2007)
12/13/2007
A Minnesota federal court held that an arbitration agreement within an employee handbook does not create an agreement to arbitrate in the absence of any evidence that the handbook containing the agreement was ever delivered to the employees. Moreover, the handbook in this case contained a broadly-worded disclaimer that precluded the formation of "any kind" of contract.
In Nabry v. MV Transportaion, Inc., No. 07-CV-0124 PJS/JJG, 2007 WL 4373107 (D. Minn. Dec. 13, 2007), Nabry and seven co-workers filed a lawsuit against their employer MV Transportation. In response, MV moved to compel arbitration... Full Story
Court Applies Doctrine of Arbitral Immunity in Dismissing Lawsuit Against Arbitration Administrator
Funcia v. NYSE Group, No. 07 Civ. 1745, 2007 WL 4276897 (S.D.N.Y. Dec. 3, 2007)
12/3/2007
The Southern District of New York relied on the doctrine of arbitral immunity in dismissing a lawsuit brought by an aggrieved party against an arbitration administrator and the individual arbitrators who heard his claim.
In Funcia v. NYSE Group, No. 07 Civ. 1745, 2007 WL 4276897 (S.D.N.Y. Dec. 3, 2007), Funcia filed an unsuccessful arbitration claim alleging racial discrimination by ABN AMRO, his former employer... Full Story
Under Buckeye, Authority to Enter Contract Remains Question for the Court
Town of Amherst v. Custom Lighting Services, LLC, No. 07-CV-261S, 2007 WL 4264608 (W.D.N.Y. Nov. 30, 2007)
11/30/2007
A federal court in New York has determined that even though challenges to the validity of a contract as a whole are questions for the arbitrator, challenges to the existence of the contract and, more specifically, to the signatory's authority to enter the contract remain questions for the court.
In Town of Amherst v. Custom Lighting Services, LLC, No. 07-CV-261S, 2007 WL 4264608 (W.D.N.Y. Nov. 30, 2007), the Town of Amherst (the Town) filed a lawsuit seeking a stay of arbitration after Custom Lighting Services (CLS) demanded arbitration in connection with a lighting services contract that contained an arbitration provision... Full Story
Arbitration Agreement Must Be Properly Assigned for Assignee to Have Right to Demand Arbitration
Scibana v. Aspen Woodside Village, LLC, No. 1:07CV 2443, 2007 WL 4510261 (N.D. Ohio, Dec. 18, 2007)
12/18/2007
A federal court in Ohio refused to enforce a nursing home arbitration agreement without evidence that the agreement was validly assigned to entities which subsequently acquired ownership of the facility.
In Scibana v. Aspen Woodside Village, LLC, No. 1:07CV 2443, 2007 WL 4510261 (N.D. Ohio, Dec. 18, 2007), John Kovach was killed by the allegedly intentional act of a staff member at Woodside Village. The Executrix of his estate, Juanita Scibana filed claims against numerous defendant entities related to Woodside Village. These entities can be grouped into the Horizon Bay defendants and the Aspen Defendants... Full Story
50 Cent: He "Get Money," Then Gets Compelled to Arbitration by a Virginia Federal Court
Jackson v. Iris.com, No. 1:07CV961, 2007 WL 4409790 (E.D. Va. Dec. 19, 2007)
12/19/2007
A concert promoter's claims against hip hop artist 50 Cent have been compelled to arbitration by a federal district court in Virginia, even though the star was not a signatory to the contract requiring arbitration, because he received a "direct benefit" of a $150,000 "kill fee" under that contract.
In Jackson v. Iris.com, No. 1:07CV961, 2007 WL 4409790 (E.D. Va. Dec. 19, 2007), Iris sought to book Jackson, widely known as 50 Cent, for a concert series. Iris negotiated with G*Town to retain Jackson's services and entered into a contract with G*Town. This contract contained a liquidated damages provision in case of a breach by Iris or Jackson, as well as an agreement to arbitrate all disputes under that contract... Full Story
Virginia Federal Court Finds Arbitration Provision "Meets or Exceeds Minimum Standards of Procedural Fairness"
Reel v. Anderson Financial Services, LLC, No. 5:07CV00080, 2008 WL 53222 (W.D. Va. Jan. 02, 2008)
1/2/2008
In granting a motion to compel arbitration of a loan dispute, a Virginia federal court rejected a claim for fraud in the inducement because the allegations applied to the entire contract rather than the arbitration provision specifically.
In Reel v. Anderson Financial Services, LLC, No. 5:07CV00080, 2008 WL 53222 (W.D. Va. Jan. 02, 2008), Reel obtained a $200 loan from Anderson Financial Services as part of an open-end credit plan. Later, Reel sued Anderson Financial Services for violations of the Truth in Lending Act and Virginia Consumer Protection Act, usury, and fraud in the inducement... Full Story
State Cases
Agreement to Arbitrate Must Be Mandatory To Be "Health Care Decision" Under Mississippi Statute
Mississippi Care Center of Greenville, LLC v. Hinyub, No. 2005-CA-01239-SCT, 2008 WL 44008 (Miss. Jan. 3, 2008)
1/3/2008
In affirming an order denying a nursing home's motion to compel arbitration of a wrongful death claim, the Mississippi Supreme Court has indicated that a health care surrogate has statutory authority to agree to arbitration only if the arbitration agreement is a precondition to the provision of health care service. This part of the Court's opinion is arguably dicta because there was an alternate, primary basis for not applying the statute.
In Mississippi Care Center of Greenville, LLC v. Hinyub, No. 2005-CA-01239-SCT, 2008 WL 44008 (Miss. Jan. 3, 2008), Hinyub admitted her father to a nursing home owned by Mississippi Care Center (MCC). During the admission process, Hinyub signed an admission agreement that contained an arbitration provision... Full Story
Party Waived Challenge to Validity of Arbitration Agreement by Not Appearing in Court or Arbitration
MBNA America Bank, N.A. v. Stehly, No. 2006-1512 Q C, 2008 WL 141675 (N.Y. App. Div. Jan. 11, 2008)
1/11/2008
A New York appellate court held that a lower court erred in denying an uncontested application to confirm an arbitration award entered after an uncontested arbitration proceeding. Specifically, according to the Court, the lower court erred in requiring the party seeking confirmation to prove the validity of the arbitration agreement because the losing party waived any right to challenge the validity of the agreement by not appearing at arbitration or in court.
In MBNA America Bank, N.A. v. Stehly, No. 2006-1512 Q C, 2008 WL 141675 (N.Y. App. Div. Jan. 11, 2008), MBNA filed an arbitration claim against Stehly for the unpaid balance on an MBNA credit card. Stehly did not participate in the arbitration, and the arbitrator entered an award in MBNA's favor... Full Story
Arbitration Agreement Covers Dispute Arising Under Separate but Related Contract
Answar, LTD v. Bold Entertainment, LLC, No. B194924, 2007 WL 4472698 (Cal. Ct. App. Dec. 24, 2007)
12/24/2007
Affirming a trial court ruling ordering arbitration of a film dispute, a California appellate court held that an arbitration agreement in one contract requires arbitration of a dispute arising under a separate contract when both contracts substantially involve the same transaction.
In Answar, LTD v. Bold Entertainment, LLC, No. B194924, 2007 WL 4472698 (Cal. Ct. App. Dec. 24, 2007), Answar hired Bold Entertainment to produce a film for $175,000 and credit on the screen titles. The parties signed two loan-out agreements containing arbitration clauses. However, the parties later disputed whether they entered into a third agreement (The Animation Production Agreement)... Full Story
Spousal Status Alone Does Not Bind Non-Signatories to Arbitration Agreements with Health Care Facilities
Warfield v. Summerville Senior Living, Inc., No. G038392, 2007 WL 4472259 (Cal. Ct. App. Dec. 24, 2007)
12/24/2007
A signatory's spousal status alone cannot bind his or her non-signatory spouse to arbitrate claims against a residential health care facility, according to a California state appellate court.
In Warfield v. Summerville Senior Living, Inc., No. G038392, 2007 WL 4472259 (Cal. Ct. App. Dec. 24, 2007), Yvonne and John Warfield were admitted to Summerville's residential health care facility. John Warfield executed admissions and arbitration agreements on behalf of himself and his wife upon admission... Full Story
Grant of Jurisdiction to Arbitration Panel to Award Attorney Fees to "Any Party" Opposing Vacatur Motion Permissible Under California Law
Soroudi v. Soroudi, No. M2006-02191-COA-R3-CV, 2007 WL 4533429 (Cal. Ct. App.2d Dec. 27, 2007)
12/27/2007
A California appellate court affirmed the confirmation of a second arbitral award granted by a Beis Din panel under Din Torah (Jewish law), for attorney fees incurred in contesting a vacatur motion; holding it permissible under California law because this procedure did not interfere with California's statutes governing attorney fees for prevailing parties, but rather concerned attorney fees incurred by "any party" opposing a vacatur motion.
In Soroudi v. Soroudi, No. M2006-02191-COA-R3-CV, 2007 WL 4533429 (Cal. Ct. App.2d Dec. 27, 2007), Benham Soroudi and his three brothers, Medhi Soroudi, Behrouz Soroudi, and Mehran Soroudi (Respondents) were in dispute over many businesses, including a family owned business... Full Story
Illinois Appellate Court Finds No Right to "Withdraw" Rejection of Court-Annexed Arbitration Award
Stemple v. Pickerill, No. 2-07-0151, 2007 WL 4562817 (Ill. App. Ct. Dec. 21, 2007)
12/21/2007
Reversing a trial court ruling allowing a party to withdraw its rejection of a court-annexed arbitration, an Illinois appellate court held that Supreme Court Rule 93 does not permit a party to withdraw its rejection of an arbitration award.
In Stemple v. Pickerill, No. 2-07-0151, 2007 WL 4562817 (Ill. App. Ct. Dec. 21, 2007), the Stemples sued the Pickerills, owners of Charley's Auto Service, alleging they had sold an inoperable engine despite their warranties and representations that it would work. Specifically, the Stemples sought $25,000 for breach of express warranty (count I), breach of implied warranties (count II), violation of the Illinois Consumer Fraud and Deceptive Business Practices Act (count III), and common law fraud (count IV)... Full Story
Louisiana Court of Appeal Refuses to Entertain Disappointed Party's Untimely Allegation That He Never Agreed to Arbitrate
NCO Portfolio Management Inc. v. Gougisha, No. 07-CA-604, 2007 WL 4553933, (La. Ct. App. Dec. 27, 2007)
12/27/2007
A disappointed party cannot challenge an arbitration award on the grounds that no agreement to arbitrate existed once the statutory time limit for motions to vacate or modify has passed, according to a Louisiana appellate court.
In NCO Portfolio Management Inc. v. Gougisha, No. 07-CA-604, 2007 WL 4553933, (La. Ct. App. Dec. 27, 2007), NCO filed a petition to confirm an arbitration award for amounts owed to MBNA Bank by Gougisha. After asking for and being granted additional time to respond to the motion, Gougisha failed to respond, and the trial court entered a default judgment confirming the award... Full Story
Massachusetts Supreme Court Outlines Procedures for Deciding Motions to Compel Arbitration
St. Fleur v. WPI Cable Systems/Mutron, No. SJC-09961, 2008 WL 44476 (Mass. Jan. 04, 2008)
1/4/2008
Vacating a Superior Court order denying a motion to compel arbitration and remanding for an evidentiary hearing, the Massachusetts Supreme Court outlined procedures that trial courts must follow when deciding challenges to motions to compel arbitration not preempted by the FAA.
In St. Fleur v. WPI Cable Systems/Mutron, No. SJC-09961, 2008 WL 44476 (Mass. Jan. 04, 2008), WPI hired St. Fleur to work at an assembly plant in 2000. According to St. Fleur, in 2002 her supervisor gave her a single page to sign that made no mention about arbitration. When she inquired about it, the supervisor misrepresented the nature of the agreement. WPI claimed that it handed St. Fleur a copy of its arbitration policy, a memorandum explaining the policy, and the arbitration agreement itself... Full Story
Court Determines that an Arbitration Agreement Does Not Need to Contain the Word "Arbitrate"
Kohler Oil Co. v. B & D Party Store Inc., No. 273243, 2007 WL 4548416 (Mich. Ct. App. Dec. 27, 2007)
12/27/2007
A Michigan appellate court determined that an agreement to arbitrate only needs to demonstrate a clear indication that the parties to the agreement intended to submit the dispute to arbitration. The word "arbitrate" itself is unnecessary.
In Kohler Oil Co. v. B & D Party Store Inc., No. 273243, 2007 WL 4548416 (Mich. Ct. App. Dec. 27, 2007), Kohler sold B & D gasoline on open account pursuant to a written agreement. Thereafter, Kohler sought damages against B & D on the open account and for early termination of the agreement... Full Story
Public Policy Exception Paves Way for Appeal Where Lower Court Failed to Apply Standard Prescribed by Statute
Morel v. State Farm Insurance Co., L-2726-06, 2007 WL 3396439 (N.J. Super. Ct. App. Div. Nov. 16, 2007)
11/16/2007
A New Jersey appellate court has reversed a lower court order rejecting a challenge to an arbitrator's decision that the claimant was not entitled to personal injury protection benefits. The Court permitted the appeal based on a public policy exception and reversed the ruling because the lower court failed to apply the standard prescribed by statute.
In Morel v. State Farm Insurance Co., L-2726-06, 2007 WL 3396439 (N.J. Super. Ct. App. Div. Nov. 16, 2007), Morel filed an arbitration claim for personal injury protection benefits. The question for the arbitrator was whether Morel was in his car at the time of the accident. The arbitrator rejected Morel's claim and ruled in favor of State Farm... Full Story
Court Allows Insurance Company to File No-Fault PIP Claims Because Demand Complied with New Jersey Statute of Limitations
New Jersey Manufacturers Ins. Co. v. Kopecky, L-4760-06, 2007 WL 4060128 (N.J. Super. Ct. App. Div. Nov. 19, 2007)
11/19/2007
A New Jersey appellate court determined that an insurance company substantially complied with the statute of limitations, and allowed the company to file a PIP reimbursement claim against the tortfeasor's insurance company.
In New Jersey Manufacturers Ins. Co. v. Kopecky, L-4760-06, 2007 WL 4060128 (N.J. Super. Ct. App. Div. Nov. 19, 2007), in 2004, a vehicle driven by Samuel, owned by Bethel, collided with a school bus driven by Kopecky. Boyd was a passenger in Samuel's vehicle... Full Story
New Jersey Law Requiring Arbitrator to Explain Treble Damages Deemed Procedural
Preferred Warranties, Inc. v. Fialkowski, L-6958-05, 2007 WL 4270361 (N.J. Super. Ct. App. Div. Dec. 7, 2007)
12/7/2007
A New Jersey appellate court has ruled that a state arbitration statute requiring arbitrators to explain treble damages awards is procedural, rather than substantive. Accordingly, the statute applied to an award confirmation proceeding despite a Pennsylvania choice of law provision in the underlying contract.
In Preferred Warranties, Inc. v. Fialkowski, L-6958-05, 2007 WL 4270361 (N.J. Super. Ct. App. Div. Dec. 7, 2007), Fialkowski bought a used car from Mario Lomedico Exotic Motor Sales (Lomedico). When buying the car, Fialkowski also bought a service contract naming Preferred Warranties, Inc. (PWI) as the service provider... Full Story
State Insurance Liquidation Statute Trumps FAA
Hudson v. John Hancock Financial Servs., No. 06AP-1284, 2007 WL 4532704 (Ohio. Ct. App. Dec. 27, 2007)
12/27/2007
Affirming a trial court's denial of a motion to stay proceedings pending arbitration, an Ohio appellate court held that an arbitration agreement between two insurance companies does not bind the Ohio State Insurance Commissioner, acting as the statutory liquidator of an insolvent insurer, because McCarran-Ferguson "reverse-preempts" the FAA.
In Hudson v. John Hancock Financial Servs., No. 06AP-1284, 2007 WL 4532704 (Ohio. Ct. App. Dec. 27, 2007), a dispute arose between insurance company John Hancock and the liquidator for insurer Credit General, the state insurance commissioner. Specifically, the liquidator asserted that John Hancock owed Credit General more than $100,000,000 under 13 reinsurance agreements. Litigation over the reinsurance agreement began in 1999 when Credit General sued John Hancock under one of the agreements. The Federal District Court for the Northern District of Ohio ordered the parties to arbitrate the dispute, as the reinsurance contract had an arbitration agreement... Full Story
South Dakota Supreme Court Rejects Sham Administrator's "Fake Arbitration Award"
Citibank South Dakota, N.A. v. Schmidt, No. 24389, 2008 WL 58970 (S.D. Jan. 2, 2008)
1/2/2008
In rejecting a challenge to the recovery of an outstanding credit card debt, the South Dakota Supreme Court has refused to give credence to a "fake arbitration award" issued by sham administrator Dispute Resolution Arbitration Group.
In Citibank South Dakota, N.A. v. Schmidt, No. 24389, 2008 WL 58970 (S.D. Jan. 2, 2008), Schmidt attempted to purchased rare coins using a credit card account he held with Citibank. Schmidt later claimed he was defrauded during the coin transaction and contested the charges with Citibank. Citibank partially credited Schmidt's account for the transaction, but, unsatisfied, Schmidt completely stopped making payments on the account... Full Story
Nursing Home ADR Agreement Enforced Where Patient is Competent to Sign Documents
Reagan v. Kindred Healthcare Operating, Inc., No. M2006-02191-COA-R3-CV, 2007 WL 4523092 (Tenn. Ct. App. Dec. 20, 2007)
12/20/2007
A Tennessee appellate court enforced a nursing home ADR agreement despite arguments that the agreement was both unconscionable and impossible to perform because the arbitration association named in the agreement had since merged with another association.
In Reagan v. Kindred Healthcare Operating, Inc., No. M2006-02191-COA-R3-CV, 2007 WL 4523092 (Tenn. Ct. App. Dec. 20, 2007), Hazel Rayborn was admitted to Kindred after she broke her leg. Although her son, Ira Reagan, signed many of the admission documents, Rayborn also signed several of them including a separate ADR agreement... Full Story
Third Party with Power of Attorney Could Not Agree to Arbitrate Without Requisite Finding of Mental Incapacity
Hendrix v. Life Care Centers of America, Inc., No. E2006-02288-COA-R3-CV, 2007 WL 4523876 (Tenn. Ct. App. Dec. 21, 2007)
12/21/2007
A third party with power of attorney could not agree to arbitrate on behalf of a nursing home admittee unless the mental incapacity precondition specified in the instrument was satisfied, according to the Tennessee Court of Appeals.
In Hendrix v. Life Care Centers of America, Inc., No. E2006-02288-COA-R3-CV, 2007 WL 4523876 (Tenn. Ct. App. Dec. 21, 2007), Hendrix brought a wrongful death lawsuit against Life Care Centers (LCC) after Beck, Hendrix's mother, died while in LCC's care... Full Story
Failure to Mediate Removes Wrongful Death Dispute from Scope of Arbitration Agreement
In re Igloo Products Corp., 238 S.W.3d 574 (Tex. Ct. App. 2007)
11/1/2007
In affirming an order denying an employer's motion to compel arbitration, the Texas Court of Appeals held that a wrongful death dispute was outside the scope of the arbitration agreement because the prerequisite duty to mediate was not fulfilled.
In In re Igloo Products Corp., 238 S.W.3d 574 (Tex. Ct. App. 2007), Varela was fatally injured in the course of his employment with Igloo. His family filed a wrongful death lawsuit. Igloo moved to compel arbitration pursuant to an ADR agreement signed by Varela... Full Story
ADR Legislation & Regulation
LEGISLATION
AL H 30
AUTHOR: Newton D [D]
TITLE: Mediators
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: This bill would provide that a mediator in any mediation may not be compelled in an adversary proceeding or a judicial proceeding to testify relating to the mediation or to divulge documents concerning the mediation.
AZ H 2148
AUTHOR: Ableser [D]
TITLE: Payday Loan Regulation
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: A bill to restrict payday lending. As it relates to arbitration, the bill states, "an arbitration clause in a payday loan contract is not enforceable if the contract is unconscionable. In determining whether the contract is unconscionable, the court shall consider the circumstances of the transaction as a whole," in addition to a number of other factors relating to the arbitration such as venue and cost. The statute would also provide for criminal liability against the contract drafter and ADR administrator for any violation.
CA A 69
AUTHOR: Lieu [D]
TITLE: Mortgage Lending: Reporting
DISPOSITION: Pending
Commentary: Enacts the Uniform Debt Settlement Services Act, the Debt Management Act, and the Credit Counselors Law to provide for the licensure and regulation of providers of debt settlement and debt management services. Relating to arbitration, the bill states: "Except as permitted by the California Arbitration Act (Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure), [the agreement shall not] 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 as provided in this division." The bill would also forbid agreements from containing a choice of law provision other than California or applicable federal law.
CA A 644
AUTHOR: Dymally [D]
TITLE: Arbitration Awards
DISPOSITION: Pending
LOCATION: Assembly Insurance Committee
Commentary: This bill, a gut and amend of a former workers' compensation bill, proposes to amend the standards relating to arbitration awards. This bill would provide that the arbitration award shall be based upon, and consistent with, the law that would be applied by a California court. This bill would provide that all parties to the arbitration shall have the same rights of appeal to state courts of appeal as if their case had been tried in superior court. This bill additionally would require the court to vacate an arbitration award if the court determines that the award is inconsistent with the law that would be applied by a California court. Finally, this bill appears to allow parties to appeal arbitration awards directly to an appeals court, and not trial court: "All parties to the arbitration shall have the same rights of appeal to state courts of appeal as if their case had been tried in superior court."
CA S 389
AUTHOR: Yee [D]
TITLE: Health Care Coverage
DISPOSITION: Pending
Commentary: Provides for independent ADR of billing disputes: "On or before March 1, 2008, the department shall implement an independent provider dispute resolution system. The department shall develop the system in consultation with representatives of health care service plans, providers, and consumer representatives. The department shall consider implementation of a system similar to the independent medical review system in Article 5.55 (commencing with Section 1374.30) to permit independent review of disputed provider complaints, claims, and payment levels."
CA S 723
AUTHOR: Yee [D]
TITLE: State Compensation Insurance Fund: 24 hour Care: Study
DISPOSITION: Pending
LOCATION: Senate Banking, Finance and Insurance Committee
Commentary: The bill would establish a pilot program relating to the absence of coordination between the workers' compensation insurance system and group health insurance. A number of disputes relating to medical treatment arising under the plan would be decided by an arbitrator.
IN H 1080
AUTHOR: Hinkle [R]
TITLE: Homeowners Associations
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: A bill to regulate homeowners' associations. Among other provisions, the bill would require that the governing documents of an association must include grievance resolution procedures that provide for the final and binding arbitration of disputes.
IN S 40
AUTHOR: Meeks [R]
TITLE: Shoreline Permits
DISPOSITION: Pending
LOCATION: SENATE
Commentary: Relates to permits for shoreline activities. As it relates to ADR, the proposed statute provides for the mediation of disputes among persons with competing interests or between a person and the department.
IN S 200
AUTHOR: Gard [R]
TITLE: Department of Environmental Management Matters
DISPOSITION: Pending
Commentary: Amends requirements to become a mediator pursuant to Indiana environmental laws. Instead of fulfilling separate requirements, potential mediators are instead only required to be qualified as a mediator under Rule 2.5 of the Indiana Supreme Court Rules for Alternative Dispute Resolution.
KY H 13 BR: 24
SPONSOR: Rollins [D]
TITLE: Family Trust Program
DISPOSITION: Pending
LOCATION: House Appropriations & Revenue Committee
Commentary: Establishes a Kentucky Family Trust Program to establish and operate a trust program to manage funds placed in the trust for the benefit of persons with special health care needs. Provides for arbitration of disputes relating to the administration of the trust.
KY H 230 BR: 230
SPONSOR: Glenn [D]
TITLE: Home Loans
DISPOSITION: Pending
LOCATION: House Banking and Insurance Committee
Commentary: Provides for the regulation of "high cost home loans," as defined in the bill. As it relates to arbitration, the bill states, "A lender shall not make a high cost home loan subject to a mandatory arbitration clause that is oppressive, unfair, unconscionable, or substantially in derogation of the rights of consumers. Arbitration clauses that comply with the standards set forth in the Statement of Principles of the National Consumer Dispute Advisory Committee of the American Arbitration Association in effect on June 24, 2003, shall be presumed not to violate this subsection."
KY H 272 BR: 217
SPONSOR: Meeks [D]
TITLE: High Cost Home Loans
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: A bill to regulate "high cost home loans" as defined by the bill. As it relates to arbitration, the bill states, "A lender shall not make a high cost home loan subject to a mandatory arbitration clause that is oppressive, unfair, unconscionable, or substantially in derogation of the rights of consumers. Arbitration clauses that comply with the standards set forth in the Statement of Principles of the National Consumer Dispute Advisory Committee of the American Arbitration Association in effect on June 24, 2003, shall be presumed not to violate this subsection."
MO H 1461
SPONSOR: Burnett [D]
TITLE: Uniform Debt Management Services Act
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: The bill creates a regulatory scheme for credit counseling and debt settlement services (companies that act for the consumer to negotiate lower payments with creditors). As it relates to arbitration, the bill states that credit counseling/debt settlement agreements may not: "(1) provide for application of the law of any jurisdiction other than the United States and this state; (2) except as permitted 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 chapter."
NH H 1344
AUTHOR: Mickelonis [D]
TITLE: Public Employment Negotiations
DISPOSITION: Pending
Commentary: This bill mandates the use of binding arbitration for failed negotiations between public employees and employers.
NJ A 145
SPONSOR: Ramos [D]
TITLE: New Jersey Board Of Health Care Management Act
DISPOSITION: Pending
LOCATION: Assembly Financial Institutions and Insurance Committee
Commentary: A bill to enact the "New Jersey Board of Health Care Management Act." Requires the New Jersey Board of Health Care Management, created by this Bill, to establish procedures for the mandatory arbitration of disputes between carriers, health care providers, and insureds, which procedures shall include, in situations in which a carrier disputes its responsibility to pay an insured claim submitted by a hospital or other health care facility, a requirement that the carrier pay the claim as submitted, prior to submitting the disputed claim to the arbitration process for resolution.
NJ A 954
SPONSOR: Thompson [R]
TITLE: Med. Malpractice Procedures Concerns
DISPOSITION: Pending
LOCATION: Assembly Financial Institutions and Insurance Committee
Commentary: Provides procedures for the mandatory mediation of medical malpractice disputes.
NJ A 1355
SPONSOR: Prieto [D]
TITLE: Constr. Industry Regulates
DISPOSITION: Pending
LOCATION: Assembly Housing and Local Government Committee
Commentary: An Act concerning regulation of the construction industry, establishing a new office for homeowner protection, revising various parts of the statutory law and supplementing Title 45 of the Revised Statutes. The law requires that arbitration of warranty issues be handled by the Division of Homeowners' Protection in the Department of Law and Public Safety, under rules to be promulgated by that office. The provision is "designed to avoid conflicts of interest for dispute resolvers which were identified by the State Commission of Investigation in its report."
NJ A 1388
SPONSOR: Conaway [D]
TITLE: Health Claims Authorization
DISPOSITION: Pending
LOCATION: Assembly Financial Institutions and Insurance Committee
Commentary: Expands scope of claims subject to "Health Claims Authorization, Processing and Payment Act"; modifies procedures applicable to health claims reviews. Also adds diagnostic centers and imaging centers to the scope of the statute. This is the statute that resulted from 2006's SB 2824, relating to prompt payment of health claims.
NJ A 1712
SPONSOR: Munoz [R]
TITLE: Med. Care Availability, Patient Prot Act
DISPOSITION: Pending
LOCATION: Assembly Financial Institutions and Insurance Committee
Commentary: Amends the New Jersey Medical Care Availability and Patient Protection Act to provide for mediation of actions alleging medical malpractice pursuant to this act. The judge to whom an action alleging medical malpractice is assigned shall refer the action to mediation by written order at any time after the filing of the answer or answers.
NJ S 308
SPONSOR: Bateman [R]
TITLE: Common Interest & Homeowners' Assn. Act
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary: The bill expands the requirement for alternative dispute resolution (ADR) in common interest ownership disputes by establishing a uniform and low cost method of ADR that must be utilized by all homeowners' associations. This system would utilize certain arbitrators and volunteers trained by the State to act as mediators to disputes arising in common interest communities.
NJ S 309
SPONSOR: Bateman [R]
TITLE: Community Dispute Resolution Comm. Estab
DISPOSITION: Pending
LOCATION: Senate Community and Urban Affairs Committee
Commentary: Establishes Community Dispute Resolution Commission to facilitate community association dispute resolution. Would provide for mediation, non binding arbitration and binding arbitration of related disputes. The ADR would be provided to the extent practicable by qualified volunteers and in a location convenient to the parties to the dispute.
NJ S 310
SPONSOR: Bateman [R]
TITLE: Homeowners Associateion Concerns
DISPOSITION: Pending
LOCATION: Senate Community and Urban Affairs Committee
Commentary: This bill would prohibit a homeowners' association from recording a lien to enforce collection of a fine imposed by the association until the association receives authorization to record the lien by review of a professional mediator or arbitrator arranged through the Department of Community Affairs. The bill also establishes the procedures which must be utilized by an association in providing alternative dispute resolution services. To the extent possible, the bill calls for dispute resolution services to be provided on a volunteer basis.
NJ S 311
SPONSOR: Bateman [R]
TITLE: Homeowners Association Concerns and Registration
DISPOSITION: Pending
LOCATION: Senate Community and Urban Affairs Committee
Commentary: This bill would require The Commissioner of Community Affairs, with respect to homeowners' associations, to set standards and procedures for dispute resolution at the association level, and to employ or contract, in conjunction with the Office of Dispute Resolution, with persons who are professionally trained in dispute resolution, either as mediators or as arbitrators.
NJ S 623
SPONSOR: Vitale [D]
TITLE: State Agencies
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary: This bill requires State departments, agencies, boards, commissions, authorities, and instrumentalities of State government empowered by law to adopt regulations or decide cases to develop a policy for the use of alternative dispute resolution. A State agency is to designate an official to be the alternative dispute resolution officer of that agency. That person would be responsible for ensuring that alternative means of resolving disputes are examined in connection with formal and informal adjudications, rulemakings, enforcement actions, issuance and revocation of licenses or permits, contract administration, litigation brought by or against the agency, and other agency actions.
NJ S 657
SPONSOR: Sarlo [D]
TITLE: Hospital and Health Insurance
DISPOSITION: Pending
LOCATION: Senate Commerce Committee
Commentary: Requires binding arbitration in contract disputes between hospitals and health insurance carriers. The proceeding shall be conducted through an independent third party and the costs of the arbitration proceeding shall be borne equally by the parties. The commissioner of Banking and Insurance shall designate those organizations that may conduct arbitration proceedings.
NY A 5226
SPONSOR: Reilich [R]
TITLE: Small Business Improvement Act of 2007
DISPOSITION: Pending
LOCATION: Assembly Small Business Committee
Commentary: Amends state finance law, authorizes binding arbitration to resolve disputes regarding contracts awarded to small business.
NY S 573 SAME AS: NY A 7045
SPONSOR: Larkin [R]
TITLE: Binding Arbitration of Disputed Terms
DISPOSITION: Pending
LOCATION: Senate Racing, Gaming and Wagering Committee
Commentary: AN ACT to amend the racing, pari mutuel wagering and breeding law, in relation to requiring racetracks eligible for video lottery gaming to enter into binding contracts with its horsemen's association and the appropriate breeding fund, and providing for binding arbitration in negotiations between such racetracks and the representative horsemen's associations and breeding funds.
NY S 726
SPONSOR: Breslin [D]
TITLE: Resolution of Disputes
DISPOSITION: Pending
LOCATION: Senate Insurance Committee
Commentary: The Commissioner, in consultation with the Superintendent of Insurance, shall adopt rules and regulations establishing an alternative dispute resolution system to make determinations regarding disagreements between health care providers and third party payers concerning payments related to health care services rendered by health care providers, and shall adopt such rules and regulations as are necessary to promote uniformity in the interpretation of applicable laws, regulations, and contractual provisions. The Commissioner shall select and approve statewide or regional alternative dispute resolution agents to conduct and determine alternative dispute resolution reviews.
SC H 4374
AUTHOR: Smith W [R]
TITLE: Cable Antidiscrimination
DISPOSITION: Pending
LOCATION: House Labor, Commerce and Industry Committee
Commentary: This bill provides that if a competing cable programmer has reason to believe that it has not been treated in a fair, reasonable, and nondiscriminatory manner concerning carriage of a competing programming channel, then it may submit a request for commercial arbitration with the vertically integrated cable operator over the terms and conditions of carriage ninety days after a first time request for carriage or renewal of a carriage agreement. If the dispute remains unresolved ten days after submission of the request for arbitration, then either party may file with the AAA filing a final offer.
SD H 1095
AUTHOR: Vehle [R]
TITLE: Family Law Arbitration Act
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: An Act to adopt the South Dakota Family Law Arbitration Act and provide for its implementation and enforcement.
VA H 919
AUTHOR: Joannou [D]
TITLE: Underinsured Motorist Insurance Coverage
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: The bill provides that no endorsement or provisions providing the coverage required by subsection A (an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle) of the bill shall require arbitration of any claim arising under the endorsement or provisions, nor may anything be required of the insured except the establishment of legal liability, nor shall the insured be restricted or prevented in any manner from employing legal counsel or instituting legal proceedings.
WV H 2039
SPONSOR: Ellem [R]
TITLE: Consumer Loan Agreements
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: "The purpose of this bill is to prohibit mandatory arbitration clauses in consumer loan agreements by regulated consumer lenders in the state."
WV S 94
SPONSOR: Minard [D]
TITLE: Mortgage Loan Procedures
DISPOSITION: Pending
LOCATION: Senate Banking and Insurance Committee
Commentary: A bill to regulate mortgage loans. As it relates to ADR, the bill provides that no instrument evidencing or securing a primary or subordinate mortgage loan shall contain a requirement for compulsory arbitration which does not comply with federal law.
REGULATIONS
California Title 13 CCR Section 553.70
AGENCY: New Motor Vehicle Board
TITLE: Calculations for the Fees Collected
PROPOSED: 12/10/2007
Commentary: Directs the New Motor Vehicle Board to determine the fee to be assessed per vehicle to fully fund the certification program for the Arbitration Certification Program.
Maryland 07-264
AGENCY: Department of Labor, Licensing and Regulation/Commission of Real Estate Appraisers and Home Inspectors
TITLE: Educational Requirements
Commentary: The regulation amends required educational criteria for real estate appraisers, as enacted and mandated by the federal Appraiser Qualifications Board of the Appraisal Foundation, to become effective no later than January 1, 2008. The regulation allows training in arbitration and dispute resolution to count for continuing education credit.
Texas 32 TEXREG 7824
AGENCY: Residential Construction Commission
TITLE: False Statements
Commentary: Proposes rules regarding violations for making a false statement in connection with applying for or renewing a registration or certification as a builder, a designated agent for a builder, a third-party inspector, or arbitrator.
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