Federal Cases
Federal Amount in Controversy Requirement for Award Confirmation Determined by Amount in Complaint
Choice Hotels Intern., Inc. v. Shiv Hospitality, L.L.C., Nos. 05-2201, 06-1043, 2007 WL 1763536 (4th Cir. June 20, 2007)
6/20/2007
When a party seeks to reopen stayed court proceedings to confirm an award, the amount in controversy requirement for federal diversity jurisdiction is determined not by the amount of the award, but by the amount alleged in the complaint, according to the Fourth Circuit Court of Appeals.
In Choice Hotels Intern., Inc. v. Shiv Hospitality, L.L.C., Nos. 05-2201, 06-1043, 2007 WL 1763536 (4th Cir. June 20, 2007), Shiv challenged the federal district court's award confirmation in favor of Choice Hotels. Shiv argued that the district court lacked diversity jurisdiction because the award amount fell below $75,000, and, in the alternative, the award should be vacated because the arbitrator exceeded his authority in disregarding prior precedents... Full Story
Miller Act Claims Subject to Arbitration
U.S. v. Sundt Const., Inc., No. CV-07-673-PHX-LOA, 2007 WL 1655976 (D. Ariz. June 7, 2007)
6/7/2007
In granting a motion to compel arbitration, a federal court held that claims brought under the Miller Act, which relates to federal construction contracts, are subject to arbitration.
In U.S. v. Sundt Const., Inc., No. CV-07-673-PHX-LOA, 2007 WL 1655976 (D. Ariz. June 7, 2007), the United States government awarded Sundt a contract for work at Andrews Air Force Base. Sundt entered into a subcontract agreement with First Call under which First Call supplied materials, equipment, and services. The subcontract provided that the parties must submit all disputes to mediation. If mediation is unsuccessful, then the parties must submit disputes to arbitration... Full Story
Agreement to Arbitrate Employment Discrimination Disputes Is Not Procedurally Unconscionable Absent Oppressiveness or Lack of Meaningful Choice
Marley v. Macy's South, No. CV 405-227, 2007 WL 1745619 (S.D. Ga. June 18, 2007)
6/18/2007
Employees who agree to resolve employment discrimination suits through arbitration cannot later challenge the agreement as procedurally unconscionable if the parties had relatively equal bargaining power, the agreement was not oppressive, and the agreement afforded the parties meaningful choice, according to a Georgia federal court.
In Marley v. Macy's South, No. CV 405-227, 2007 WL 1745619 (S.D. Ga. June 18, 2007), Macy's sought to compel arbitration of former employee Marley's employment discrimination claim. Marley opposed the motion, alleging that the arbitration agreement was not enforceable due to coercion... Full Story
AAA Arbitrator Not Required When Contract Only Requires AAA Rules
Shamsnia v. ICS Imaging Systems, Inc., No. 06-4381, 2007 WL 1729070 (E.D. La. Jun 13, 2007)
6/13/2007
According to a Louisiana federal court, a contract mandating arbitration under American Arbitration Association (AAA) rules does not require an AAA arbitrator when the contract permits a non-AAA arbitrator to hear the dispute.
In Shamsnia v. ICS Imaging Systems, Inc., No. 06-4381, 2007 WL 1729070 (E.D. La. Jun 13, 2007), the Court stayed judicial proceedings in a dispute between a doctor, Shamsnia, and a medical technology company, Sunrise Medical Technology, Inc. (Sunrise), for 90 days and required the parties to arbitrate their dispute. The parties' agreement required that they submit disputes to arbitration using AAA rules... Full Story
Court Orders Consolidation of Shortpay Claims
Alpine Glass, Inc. v. American Family Ins. Co., No. 06-4213 (DSD/SRN), 2007 WL 1567630 (D. Minn. May 29, 2007)
5/29/2007
In a dispute over payment of insurance claims, a Minnesota federal court ordered consolidation of "shortpay" claims, as consolidating claims for purposes of arbitration is more efficient, expeditious, and less costly than separately arbitrating fourteen hundred factually similar claims.
In Alpine Glass, Inc. v. American Family Ins. Co., No. 06-4213 (DSD/SRN), 2007 WL 1567630 (D. Minn. May 29, 2007), Alpine Glass alleged that American Family had shortpaid, or systematically underpaid it for work, performed on approximately 1,400 glass repair claims. Alpine Glass moved to have the 1,400 claims consolidated for purposes of arbitration... Full Story
Oral Modifications Subject to Arbitration Under Original Contract's Broadly Worded Arbitration Provision
U.S. v. J. Kokolakis Contracting, Inc., No. 05 Civ. 9097(WCC)
6/19/2007
A dispute arising from work described through oral modification of a contract will be subject to arbitration, if the original contract contained a broadly worded arbitration provision encompassing "any dispute" arising between the parties, according to the U.S. District Court for the Southern District of New York.
In U.S. v. J. Kokolakis Contracting, Inc., No. 05 Civ. 9097(WCC), 2007 WL 1771561 (S.D.N.Y. June 19, 2007), contractor Kokolakis sought to compel arbitration of a dispute with subcontractor Mathusek over payments due for remedial work not contemplated at the time of original contracting. Mathusek challenged the motion to compel, maintaining that the remedial work was not part of the original agreement containing the arbitration provision, but was a the subject of a separate oral agreement between the parties and not subject to an obligation to arbitrate... Full Story
Broadly Worded Arbitration Clause Within Software License Agreement Encompasses Copyright Infringement Claims
Empowered Benefits, LLC v. Blue Cross Blue Shield of Tennessee, No. 3:06-CV-161, 2007 WL 1652538 (W.D. N.C. June 5, 2007)
6/5/2007
Copyright infringement claims regarding the use of software provided through a licensing agreement are significantly related and within the scope of a broadly worded arbitration clause contained in the agreement, according to a North Carolina federal court.
In Empowered Benefits, LLC v. Blue Cross Blue Shield of Tennessee, No. 3:06-CV-161, 2007 WL 1652538 (W.D. N.C. June 5, 2007), Blue Cross sought a dismissal of Empowered's case, or a stay of proceedings and an order to compel arbitration of its claims. Empowered had filed suit against Blue Cross, alleging copyright infringement of a program licensed to Blue Cross. Empowered challenged the motion to dismiss or stay, alleging that an arbitration clause contained within the parties' licensing agreement did not encompass copyright infringement claims... Full Story
Clarification of Inadvertent Misstatement in Award Appropriate
Oakwood Laboratories v. Howrey Simon Arnold & White, LLP, Nos. 1:04 CV 2270, 1:05 CV 2070, 2007 WL 1544577 (N.D. Ohio May 24, 2007)
5/24/2007
A federal court in Ohio held that an arbitrator did not exceed his authority by clarifying an award to replace the "clear and convincing" standard with the appropriate "preponderance of the evidence" standard.
In Oakwood Laboratories v. Howrey Simon Arnold & White, LLP, Nos. 1:04 CV 2270, 1:05 CV 2070, 2007 WL 1544577 (N.D. Ohio May 24, 2007), Oakwood and the Defendants were in dispute over legal fees. The dispute was submitted to arbitration and an award was issued in favor of the Defendants... Full Story
State Cases
Parties' Relative Financial Resources or "Repeat Player Effect" Does Not Render an Arbitration Agreement Unconscionable
Hogan v. Nordstrom, Inc., No. A113160, 2007 WL 1666815 (Cal. Ct. App. June 11, 2007)
6/11/2007
An arbitration agreement will not be considered unconscionable merely because it imposes costs on parties without regard to the party's individual financial resources, or because one of the parties has appeared repeatedly before members of the arbitration administrator's pool of neutrals, according to the California Court of Appeal.
In Hogan v. Nordstrom, Inc., No. A113160, 2007 WL 1666815 (Cal. Ct. App. June 11, 2007), Nordstrom appealed the denial of its motion to compel arbitration of Hogan's Fair Employment and Housing Act (FEHA) employment discrimination claim. Nordstrom maintained that Hogan's FEHA claim was subject to a subsequent agreement between the parties to arbitrate "covered claims," including employment discrimination claims. The motion had been rejected on grounds that the arbitration agreement was unconscionable, and that the proposed arbitration proceedings would not comply with requirements for arbitration of FEHA claims... Full Story
Arbitrators Do Not Exceed Their Authority by Reaching a Contrary Opinion Regarding the Construction of a Contract
Cianbro Corp. v. National Eastern Corp., No. 27851, 2007 WL 1774617 (Conn. App. Ct. June 26, 2007)
6/26/2007
An arbitrator does not exceed his or her authority by merely reaching a contrary conclusion as to the construction of a contract than that reached by one of the parties, according to the Connecticut Appellate Court.
In Cianbro Corp. v. National Eastern Corp., No. 27851, 2007 WL 1774617 (Conn. App. Ct. June 26, 2007), National Eastern appealed the denial of a motion to vacate and the confirmation of an award in favor of Cianbro for construction costs and attorney's fees. National Eastern alleged that the arbitrators exceeded their authority in awarding damages to a third party, awarding amounts for labor and equipment not allowed under the contract, awarding attorney's fees outside the scope of the agreement, not allowing a challenge of the fees award as unreasonable, and failing to award attorney's fees due National Eastern... Full Story
Nursing Home Resident's Husband Did Not Have Authority to Enter Arbitration Agreement on Her Behalf
Ashburn Health Care Center, Inc v. Poole, No. A07A0572, 2007 WL 1764217 (Ga. Ct. App. June 20, 2007)
6/20/2007
The Georgia Court of Appeals held that a nursing home resident was not bound by an arbitration agreement signed by her husband because the husband had no actual or apparent authority to enter the arbitration agreement on her behalf.
In Ashburn Health Care Center, Inc v. Poole, No. A07A0572, 2007 WL 1764217 (Ga. Ct. App. June 20, 2007), Poole's mother broke her leg while residing in a nursing home owned by Ashburn Health Care (Ashburn). She subsequently died, and Poole sued Ashburn for wrongful death... Full Story
Arbitrator's Authority to Decide Questions of Arbitrability Turns on Timing of the Dispute
Harlow v. Parkevich, No. 29A02-0607-CV-569, 2007 WL 1775365 (Ind. Ct. App. June 21, 2007)
6/21/2007
In applying the rule that courts decide questions of arbitrability unless there is "clear and unmistakable" evidence that the parties intended otherwise, the Indiana Court of Appeals ruled that the parties intended for the arbitrator to decide questions of arbitrability, but only for disputes arising after the arbitration agreement was formed.
In Harlow v. Parkevich, No. 29A02-0607-CV-569, 2007 WL 1775365 (Ind. Ct. App. June 21, 2007), Parkevich sued attorney Harlow and Ernst & Young, alleging they breached their duties with respect to various trusts. Harlow and Ernst & Young moved to compel arbitration pursuant to an engagement letter containing an ADR provision... Full Story
Appellate Court Upholds Municipal Court's Confirmation of Arbitration Award
Abraham-Copley Square LTD. Partnership v. Badaoui, No. Civ.A. 06 01 CV 798, 2007 WL 1666556 (Mass. Mun. Ct. Boston. A.D. June 6, 2007)
6/6/2007
Rejecting arguments that the Boston Municipal Court was an improper venue for confirming an arbitration award, the Massachusetts Municipal Court Appellate Division held that G.L.c.251, Sec 16 allows any court of competent jurisdiction to confirm an arbitration award.
In Abraham-Copley Square LTD. Partnership v. Badaoui, No. Civ.A. 06 01 CV 798, 2007 WL 1666556 (Mass. Mun. Ct. Boston. A.D. June 6, 2007), commercial landlord Abraham-Copley and tenant Badaoui submitted a dispute over damages to leased premises to arbitration. The arbitrator found in favor of Abraham Copley and awarded damages... Full Story
Plaintiff's Attempt to Avoid Arbitration Fails
Alfano v. BDO Seidman, LLP, No. L-12369-04, 2007 WL 1712614 (N.J. Super. Ct. App. Div. June 15, 2007)
6/15/2007
A party cannot avoid arbitrating with a non-signatory third party by not naming the subsidiary second party signatory in its complaint, ruled a New Jersey appellate court. Additionally, an arbitration agreement requiring use of NASD rules during arbitration remains valid even if the NASD is unavailable to arbitrate the dispute.
In Alfano v. BDO Seidman, LLP, No. L-12369-04, 2007 WL 1712614 (N.J. Super. Ct. App. Div. June 15,2007), Alfano's accountants, BDO Seidman, solicited him to participate in a tax shelter strategy designed to shelter a $150 million capital gain Alfano realized when he sold his business. This offshore portfolio investment strategy (OPIS) required Alfano to realize a capital loss by borrowing funds from Deutsche Bank (DB) and then buying stocks and options in DB... Full Story
Arbitrator Required to Disclose Even Tenuous Relationships of Remote Co-Workers with Parties, or Risk Vacatur of Awards
SOMA Partners, LLC v. Northwest Biotherapeutics, Inc., No. 418, 111745/05, 2007 WL 1746391 (N.Y. App. Div. June 19, 2007)
6/19/2007
To avoid vacatur of the resulting award, an arbitrator must "disclose any relationship which raises even a suggestion of possible bias" at the outset of the process, including a party's relationship to lawyers "of counsel" to the arbitrator's law firm, according to a New York appellate court.
In SOMA Partners, LLC v. Northwest Biotherapeutics, Inc., No. 418, 111745/05, 2007 WL 1746391 (N.Y. App. Div. June 19, 2007), SOMA appealed the denial of its motion to vacate an award, which had alleged that the arbitrator had an impermissible conflict of interest. At the beginning of arbitration, the parties submitted lists of potential conflicts for review by the arbitrator. The arbitrator, a partner at a New York law firm, discovered that an "of counsel" attorney at his firm's Washington office personally knew one of the parties and served on the board of a company which had a business relationship with the party. Despite this knowledge, the arbitrator did not disclose this potential conflict to the parties... Full Story
Party Waives Right to Compel Arbitration by Engaging in Extensive Discovery Not Available During Arbitration
Capps v. Virrey, No. COA06-655, 2007 WL 1743901 (N.C. Ct. App. June 19, 2007)
6/19/2007
The right to compel arbitration can be waived by engaging in extensive discovery unavailable during arbitration that prejudices others through high litigation costs, according to the North Carolina Court of Appeals.
In Capps v. Virrey, No. COA06-655, 2007 WL 1743901 (N.C. Ct. App. June 19, 2007), Capps appealed an order denying a motion to compel arbitration with Nationwide Insurance pursuant to an uninsured motorist policy. Nationwide opposed Capps's motion, claiming that he had waived his right to compel arbitration by "imposing substantial litigation costs on Nationwide," and "by participating in discovery not available during arbitration." Capps had subjected Nationwide to three sets of interrogatories and requests for production of documents before attempting to compel arbitration... Full Story
Arbitration Agreement Applies to Nonsignatory Third-party Beneficiary Broker and Nonsignatory Heir Whose Claims Derive from Brokerage Agreement
Global Fin. Servs., LLC v. Estate of McLean, No. 04-04-00854-CV, 2007 WL 1759940 (Tex. App. June 20, 2007)
6/20/2007
A Texas appellate court held that an arbitration agreement applies to nonsignatories' third-party beneficiaries and nonsignatories with claims that rely upon contracts that contain agreements to arbitrate.
In Global Fin. Servs., LLC v. Estate of McLean, No. 04-04-00854-CV, 2007 WL 1759940 (Tex. App. June 20, 2007), McLean died leaving behind over $100,000,000. Aguirre, his son, sued Global alleging it had concocted a scheme to take assets from McLean's estate... Full Story
Harassing Behavior Not Within Scope of Employment; Not Arbitrable Under Arbitration Agreement
Abou-Khalil v. Miles, No. G037752 No. G037752, 2007 WL 1589456 (Cal. Ct. App. June 04, 2007)
6/4/2007
An appellate court in California held that a law partner's harassing behavior was outside the scope of his employment, so the partner was not entitled to invoke arbitration pursuant to the law firm's mandatory arbitration clause.
In Abou-Khalil v. Miles, No. G037752 No. G037752, 2007 WL 1589456 (Cal. Ct. App. June 04, 2007), Diane Abou-Khalil was an executive assistant at a law firm and Doug Miles was the managing partner. After Miles allegedly subjected Abou-Khalil to harassing behavior, she filed suit alleging several claims which included numerous intentional torts... Full Story
California Court Finds Class Action Waiver Unconscionable Despite Availability of Market Alternatives
Gatton v. T-Mobile USA, Inc., Nos. A112082, A112084, 2007 WL 1793444 (Cal. Ct. App. June 22, 2007)
6/22/2007
The California Court of Appeal held that an arbitration agreement was unconscionable by virtue of its class action waiver even though the party seeking arbitration – a cellular phone provider – challenged the finding of procedural unconscionability by presenting evidence of market alternatives.
In Gatton v. T-Mobile USA, Inc., Nos. A112082, A112084, 2007 WL 1793444 (Cal. Ct. App. June 22, 2007), T-Mobile was the defendant in two class actions, one challenging the assessment of an early termination fee, and one challenging T-Mobile's policy of locking handsets to prevent their use with other cellular providers... Full Story
ADR Legislation & Regulation
LEGISLATION
CT S 739
INTRODUCER: Doyle [D]
TITLE: Motor Vehicle Repair Antisteering Practices
INTRODUCED: 01/19/2007
ENACTED: 06/29/2007
DISPOSITION: Enacted
Commentary:
Substantially revises the arbitration procedures for the arbitration of consumer to manufacturer warranty disputes. Requires the Department of Consumer Protection to provide an independent arbitration procedure for the settlement of disputes between consumers and manufacturers of motor vehicles which do not conform to all applicable warranties under the terms of section 42 179. The Commissioner of Consumer Protection shall appoint as arbitrators individuals who shall not be employees or independent contractors with any business involved in the manufacture, distribution, sale or service of any motor vehicle. The arbitrator shall be a member of an arbitration organization and shall serve with compensation. The Department of Consumer Protection may refer an arbitration dispute to the American Arbitration Association or other arbitration organization in accordance with regulations adopted in accordance with the provisions of chapter 54, provided such organization and any arbitrators appointed by such organization to hear cases shall not be affiliated with any motor vehicle manufacturer, distributor, dealer or repairer. Such arbitration organizations shall comply with the provisions of subsections (b) and (c) of this section. The Commissioner of Consumer Protection shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section. Written copies of the regulations and appropriate arbitration hearing procedures shall be provided to any person upon request.
DE H 92
PRIMARY SPONSOR: Hudson [R]
TITLE: Arbitration Procedure for Insurers
INTRODUCED: 03/22/2007
ENACTED: 06/28/2007
DISPOSITION: Enacted
Commentary:
Creates a system for arbitration between insurance carriers and health care providers; covers any disputes over reimbursement; program will be administered by the Dept. of Insurance. A 5/16/07 amendment to the bill removed from the scope of the legislation long term care facilities and hospitals, with the rationale that those facilities already have adequate arbitration mechanisms in place.
FL H 7205
SIMILAR: FL H 1457, FL S 2488
AUTHOR: Economic Expansion and Infra Council Cmt
TITLE: Recreational Vehicle Manufacturers and Distributors
INTRODUCED: 04/23/2007
ENACTED: 06/28/2007
DISPOSITION: Enacted
Commentary:
An act relating to recreational vehicle manufacturers, distributors,
dealers, and importers; forbids a manufacturer or distributor from "coerce(ing) or attempt(ing) to coerce a dealer to...(e)nter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under ss. 320.3201 320.3211. Provides extensive support for mediation.
HI S 1060
AUTHOR: Hooser [D]
TITLE: Workers' Compensation Law
INTRODUCED: 01/19/2007
DISPOSITION: To Governor
LOCATION: Vetoed by Governor
Commentary:
This bill amends existing worker's compensation law. Among the amendments is a provision for the mediation of worker's compensation disputes.
IL H 4
SPONSOR: Jefferson [D]
TITLE: Airport Authorities Act
INTRODUCED: 01/10/2007
DISPOSITION: To Governor
Commentary:
Amending the Airport Authorities Act. Amendments include: the Rail has the authority (xii) To enter into arbitration arrangements, which may be final and binding.
IL S 678
SPONSOR: Clayborne [D]
TITLE: Cable and Video Competition Law
INTRODUCED: 02/08/2007
ENACTED: 06/30/2007
DISPOSITION: Enacted
Commentary:
Amending an act to create the Cable and Video Competition Law of 2007. Amendments include (1) if an issue is not resolved "to the customer's satisfaction, the customer shall be informed of the cable or video provider's complaint procedures and procedures for billing dispute resolution and given a description of the rights and remedies available to customers to enforce the terms of this Article, including to request mediation. Additionally, Cable or video providers shall implement an informal process for handling inquiries from local units of government and customers concerning billing issues, service issues, privacy concerns and other consumer complaints. If this doesn't resolve issue, parties "may request nonbinding mediation with the cable or video provider, with each party to bear its own costs of such mediation. Selection of the mediator will be by mutual agreement, and preference will be given to mediation services that do not charge the consumer for their services."
LA S 256
AUTHOR: Hollis [R]
TITLE: Motor Vehicles
INTRODUCED: 04/30/2007
ENACTED: 06/25/2007
DISPOSITION: Enacted
Commentary:
The bill makes void and unenforceable any litigation or arbitration clause contained in a motor vehicle credit transaction which would remove the transaction outside of Louisiana or that applies law other than Louisiana law.
LA S 290
AUTHOR: Smith [D]
TITLE: Vehicle Protection Product Act
INTRODUCED: 04/30/2007
DISPOSITION: To Governor
Commentary:
Providing for the Louisiana Vehicle Protection Product Act. Section 1282. Brief arbitration mention regarding inadmissability of information.
ME H 1005
LD: 1431
AUTHOR: Valentino [D]
TITLE: Solid Waste Disposal Facility
INTRODUCED: 03/15/2007
ENACTED: 06/25/2007
DISPOSITION: Enacted
Commentary:
Expanding on the provisions of the bill that deal with host community agreements. Requires solid waste disposal facilities and incineration facilities to have in place host community agreements and directs the Commissioner of Environmental Protection to establish a mediation process to hear and review disputes concerning host community agreements. Expansion includes an outline of the mediation and arbitration process. Applies AAA rules for the conduct of commercial arbitration proceedings.
ME H 1186
LD: 1703
AUTHOR: Treat [D]
TITLE: Pre Settlement Lawsuit Funding
INTRODUCED: 03/27/2007
ENACTED: 06/21/2007
DISPOSITION: Enacted
Commentary:
Amendment creating a separate article in the Maine Consumer Credit Code to differentiate the activities of legal funding companies from lenders or creditors. Amendment includes a prohibition of the use of mandatory arbitration clauses in contracts.
ME H 1337
LD: 1903
AUTHOR: Koffman [D]
TITLE: Mold in Buildings
INTRODUCED: 05/09/2007
ENACTED: 06/20/2007
DISPOSITION: Enacted
Commentary:
This bill would regulate mold in buildings. As it relates to alternative dispute resolution, the bill establishes a mandatory mediation program for mold or excess moisture disputes between tenants and landlords to be administered by the Court Alternative Dispute Resolution Service.
ME S 707
LD: 1907
AUTHOR: Brannigan [D]
TITLE: Autism and Mental Retardation Services
INTRODUCED: 05/16/2007
ENACTED: 06/20/2007
DISPOSITION: Enacted
Commentary:
Establishes the Maine Developmental Services Oversight and Advisory Board. Provides for resolution of grievances through mediation.
MI H 4999
SPONSOR: Smith V [D]
TITLE: Personal Protection Insurance
INTRODUCED: 06/28/2007
DISPOSITION: Pending
LOCATION: House Insurance Committee
Commentary:
Relates to no fault insurance; provides for general amendments to personal protection insurance, home care coverage, coordinated benefits, uninsured motorist coverage, threshold standards, notices, statutes of limitations, and duty to deal fairly. Amendments include: (G) all insurance policies providing UM benefits must provide the option of binding arbitration of claims. If arbitration is selected, it must be conducted in accordance with chapter 50 of the revised Judicature Act of 1961.
NH H 782
AUTHOR: DeStefano [D]
TITLE: Reinsurance Intermediaries
INTRODUCED: 02/06/2007
ENACTED: 06/28/2007
DISPOSITION: Enacted
Commentary:
Reinsurance clarifications; centers on rules regarding production of non privileged documents, and ability to fight in court or arbitration.
NH S 170
AUTHOR: Gottesman [D]
TITLE: Mediation and Arbitration
INTRODUCED: 01/04/2007
LAST AMEND: 06/27/2007
LOCATION: Eligible for Governor
Commentary:
Establishes an office of mediation and arbitration within the judicial branch. The bill combines the probate court mediation fund and the court mediation fund into a mediation and arbitration fund.
OR H 2331
AUTHOR: Minnis [R]
TITLE: Jury Trials in County Courts
INTRODUCED: 01/10/2007
LAST AMEND: 06/23/2007
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary:
A 6/23/07 amendment to this bill regarding court fees includes several provisions regarding vacating arbitral awards, specifically: "a) The party making application furnishes proof that:
(A) A party to the arbitration agreement referred to in ORS 36.466 was under some incapacity or that the agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the laws of the State of Oregon or the United States;
(B) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party's case;
(C) The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters not submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or
(D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of ORS 36.450 to 36.558 from which the parties cannot derogate, or, failing such agreement, was not in accordance with ORS 36.450 to 36.558; or
(b) The circuit court finds that:
(A) The subject matter of the dispute is not capable of settlement by arbitration under the laws of the State of Oregon or of the United States; or
(B) The award is in conflict with the public policy of the State of Oregon or of the United States."
OR H 3242
AUTHOR: Schaufler [D]
TITLE: Construction Contractors
INTRODUCED: 03/12/2007
LAST AMEND: 06/27/2007
DISPOSITION: To Governor
Commentary:
Creates categories and levels of construction contractor licensing... modifies claim and recovery provisions. Outlines arbitration procedures for disputes involving the "Construction Contractor's Board," must be properly licensed to initiate claim, can avoid arbitration if requested within 30 days of notice.
OR S 248
AUTHOR: Courtney [D]
TITLE: Employment Agreements
INTRODUCED: 01/12/2007
LAST AMEND: 06/27/2007
DISPOSITION: Failed Adjourned
LOCATION: Eligible for Governor
Commentary:
"A written arbitration agreement entered into between an employer and employee and otherwise valid ... is void and may not be enforced by the court unless: (a) The employer informs the employee at the time the offer of employment is first communicated to the employee that an arbitration agreement is required as a condition of employment; or (b) The arbitration agreement is entered into upon a subsequent bona fide advancement of the employee by the employer."
OR S 255
AUTHOR: Courtney [D]
TITLE: Personal Injury Protection Benefits Reimbursement
INTRODUCED: 01/12/2007
ENACTED: 06/13/2007
DISPOSITION: Enacted
Commentary:
Modifies a law providing that disputes between insurers as to issues of liability and the amount of reimbursement for personal injury protection benefits shall be determined by arbitration.
OR S 271
AUTHOR: Courtney [D]
TITLE: Court Costs and Fees
INTRODUCED: 01/12/2007
ENACTED: 06/20/2007
DISPOSITION: Enacted
Commentary:
Revises laws governing court costs/arbitration awards. 5/17/07 amendment removed reference to arbitration.
OR S 484
AUTHOR: Commerce Cmt
TITLE: Unlawful Trade Practices
INTRODUCED: 02/05/2007
LAST AMEND: 06/05/2007
DISPOSITION: To Governor
Commentary:
The June 5, 2007 amended bill allows a consumer to revoke a provision of contract that requires the consumer to assert a claim against another party to a contract in a forum that is not in Oregon. The effect of a revocation of a clause requiring arbitration in another state is that the proceeding that requires or allows attendance by consumer must be conducted in Oregon.
REGULATION
Delaware Department of Insurance
TITLE: Review of Health Insurance Claims
PROPOSED: 02/01/2007
ADOPTED: 07/01/2007
CITATION: 18 DAC 1301
Commentary:
Implements rules and regulations which require health insurance carriers to establish a procedure for internal review of a carrier's adverse coverage determination and which require the Insurance Department to establish and administer procedures for arbitration and independent utilization review upon completion of the carrier's internal review process.
Delaware Department of Insurance
TITLE: Managed Care Organizations
PROPOSED: 02/01/2007
ADOPTED: 07/01/2007
CITATION: 18 DAC 1403
Commentary:
"The Department of Insurance proposes to amend Regulation 1403 by rescinding the current regulation and substituting in lieu thereof revised provisions for the review and arbitration of health insurance claims." Amended: "The MCO shall disclose to each new enrollee, and any enrollee upon request, in a format and language understandable to a layperson, the following minimum information: " under Section 8.2.8.10 8.2, "to file a petition for arbitration or appeal for review by an Independent Utilization Review Organization, as appropriate." For Emergency and urgent care services, under Section: 11.3.3.2: "When emergency care services are performed by non-network providers, the MCO shall make acceptable service arrangements with the provider and enrollee, and shall prohibit balance billing. In those cases where the MCO and the provider cannot agree upon the appropriate charge, the provider may petition the Department for arbitration." Under section 12.2.1.2, petitions for arbitration must also be included in the annual report.
New Jersey, STATE ID: 39 NJR 2455
AGENCY: Department of Banking and Insurance/Division of Insurance
TITLE: Health Benefit Plans and Prompt Payment of Claims
PROPOSED: 07/02/2007
CITATION:
NJAC 11: 22-1.1, -1.2 and -1.4 through -1.10, -1.8, -1.9 and -1.12, -1 Appendicies A, B and B-1, and 1- Appendix A-1
Commentary:
Proposes to amend rules pertaining to health benefit plans and prompt payment of claims. Establishes uniform procedures and guidelines for health insurance carriers and medical providers to administer utilization management and claim payment processes. Makes changes to definitions. Adds new terms.
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