Federal Cases
Termination of Employee for Refusing to Execute an Arbitration Agreement Covering Pending Claims Held "Retaliatory" by Eleventh Circuit
Goldsmith v. Bagby Elevator Co., Inc., No. 06-14440, 2008 WL 150585 (11th Cir. Jan. 17, 2008)
1/17/2008
The Eleventh Circuit Court of Appeals has affirmed an employee's Title VII verdict for unlawful retaliation, finding that the employee's refusal to arbitrate his pending claim of discrimination was not a permissible reason for terminating his employment.
In Goldsmith v. Bagby Elevator Co., Inc., No. 06-14440, 2008 WL 150585 (11th Cir. Jan. 17, 2008), Goldsmith brought a Title VII claim against his former employer, Bagby, for racial discrimination and unlawful retaliation. Goldsmith alleged that he was terminated for filing a complaint with the Equal Employment Opportunity Commission (EEOC) regarding Bagby's racially hostile workplace. Bagby maintained that it had terminated Goldsmith for a non-retaliatory reason – namely, his refusal to sign an agreement to arbitrate employment-related disputes... Full Story
Court Followed Improper Procedure in Remanding Arbitration Award to Arbitrators for Clarification
Burlington Ins. Co. v. Trygg-Hansa Ins. Co. AB, No. 06-2082, 2008 WL 154465 (4th Cir. Jan. 17, 2008)
1/17/2008
The Fourth Circuit Court of Appeals determined that the procedure that a lower court used to resolve ambiguity resulting from two related arbitration awards was ineffective due to limitations the court imposed on response format and because not all of the arbitration panel responded to the court's inquiry.
In Burlington Ins. Co. v. Trygg-Hansa Ins. Co. AB, No. 06-2082, 2008 WL 154465 (4th Cir. Jan. 17, 2008), Burlington commenced arbitration with Trygg to resolve disputes arising out of reinsurance contracts between the parties. The arbitration panel awarded Burlington $4.8 million (Award I)... Full Story
Unilateral Right to Modify Arbitration Agreement Renders Agreement Illusory and Unenforceable
Morrison v. Amway Corp., No. 06-20138, 2008 WL 315697 (5th Cir. Feb. 6, 2008)
2/6/2008
The Fifth Circuit Court of Appeals held that an Amway arbitration agreement was unenforceable because Amway's unilateral right to modify the agreement rendered Amway's promise to arbitrate illusory.
In Morrison v. Amway Corp., No. 06-20138, 2008 WL 315697 (5th Cir. Feb. 6, 2008), Morrison represented the interests of many Amway distributors (the Distributors) in a decade-long suit against Amway. The claims in dispute arose prior to June 1997. In September of that year, Amway gave notice of the inclusion of an arbitration agreement in its distributorship agreements... Full Story
Fifth Circuit Upholds Agreement to Arbitrate Credit Card Disputes
Stinger v. Chase Bank, USA, N.A., No. 07-20325, 2008 WL 344760 (5th Cir. Feb. 7, 2008)
2/7/2008
Affirming a district court ruling granting a motion to compel arbitration of a dispute between a credit card issuer and a cardholder, the Fifth Circuit Court of Appeals held that the parties' arbitration agreement was enforceable because the agreement was neither oppressive nor one-sided.
In Stinger v. Chase Bank, USA, N.A., No. 07-20325, 2008 WL 344760 (5th Cir. Feb. 7, 2008), Stinger obtained two credit cards from Chase. The credit cards were subject to a Cardmember's Agreement (CMA) containing an arbitration provision. Each CMA expressly provided that it would take effect when the cardholder used the card... Full Story
Court Determines that Arbitrator had No Duty to Disclose Insignificant Professional Relationship and Upholds Arbitration Award
Uhl v. Komatsu Forklift Co., Ltd., No. 07-1044, 512 F.3d 294 (6th Cir. Jan. 9, 2008)
1/9/2008
The Sixth Circuit Court of Appeals affirmed a lower court's confirmation of an arbitration award and determined that, under the FAA, a prior professional relationship between the arbitrator and plaintiff's attorney was insignificant, and the arbitrator was under no duty to disclose the relationship.
In Uhl v. Komatsu Forklift Co., Ltd., No. 07-1044, 512 F.3d 294 (6th Cir. Jan. 9, 2008), Uhl was using a forklift manufactured by Komatsu when the forklift malfunctioned, resulting in severe injuries and Uhl's death. Uhl's wife, Donna Uhl, filed a lawsuit against Komatsu... Full Story
Seventh Circuit Upholds Jury Trial Waiver, Likening it to Arbitration Agreements
IFC Credit Corp. v. United States Business & Indus. Federal Credit Union, No. 07-1037, 2008 WL 126552 (7th Cir. Jan. 15, 2008)
1/15/2008
Reversing a trial court decision that found a contract mandating a bench trial in a specified forum invalid, the Seventh Circuit Court of Appeals held that bench trial agreements are enforceable under Illinois law, as they are similar to arbitration agreements where parties voluntarily choose to resolve disputes in an alternative forum.
In IFC Credit Corp. v. United States Business & Indus. Federal Credit Union, No. 07-1037, 2008 WL 126552 (7th Cir. Jan. 15, 2008), Norvergence sold communications equipment and services, but eventually collapsed. IFC brought a right to payment claim under the Norvergence contracts asserting it was a holder in due course... Full Story
Continued Validity of Arbitration Agreement an Issue of Arbitrability for the Court Unless Contrary Intent Is "Clear and Unmistakable"
Express Scripts, Inc. v. Aegon Direct Marketing Services, Inc., No. 07-1971, 2008 WL 375200 (8th Cir. Feb. 13, 2008)
2/13/2008
Whether an arbitration agreement is still valid raises an issue of arbitrability, and a court is charged with resolving that issue unless the parties "clearly and unmistakably" intended to submit the arbitrability issue to an arbitrator, according to the Eighth Circuit Court of Appeals.
In Express Scripts, Inc. v. Aegon Direct Marketing Services, Inc., No. 07-1971, 2008 WL 375200 (8th Cir. Feb. 13, 2008), Express Scripts (ESI) entered into a pharmaceutical sales contract with Aegon in 1995. This contract contained an agreement to arbitrate as well as an incorporation of American Arbitration Association (AAA) rules to govern such proceedings... Full Story
Buckeye Applicable to Fraudulent Inducement Challenge Against Arbitration Agreement Where the Same Challenge Applies to the Entire Contract
Santana Row Hotel Partners, LP v. Zurich America Insurance Co., No. C 05-00198 JW, 2007 WL 4754772 (N.D. Cal., Sep. 13, 2007)
9/13/2007
A federal court in California held that the severability rule enunciated in Buckeye applies to a fraudulent inducement claim if the allegations of fraud directed at the transaction as a whole are identical to those directed against the arbitration agreement when an arbitration agreement is incorporated into the whole contract.
In Santana Row Hotel Partners, LP v. Zurich America Insurance Co., No. C 05-00198 JW, 2007 WL 4754772 (N.D. Cal., Sep. 13, 2007), Santana built and operated the Hotel Valencia. Santana enlisted the services of Gallagher to prepare an insurance proposal. Zurich was ultimately selected to provide the building insurance. Full Story
Unenforceable Cost-Splitting Provision Severed to Maintain Arbitrability of Employee's Claims
Mazera v. Varsity Ford Services, LLC, No. 07-12970, 2008 WL 283698 (E.D. Mich. Feb. 1, 2008)
2/1/2008
A federal court in Michigan upheld an arbitration agreement in an employee handbook but severed a cost-splitting provision that would have required the employee to make a $500 deposit on the ground that it would deter employees from vindicating their statutory rights.
In Mazera v. Varsity Ford Services, LLC, No. 07-12970, 2008 WL 283698 (E.D. Mich. Feb. 1, 2008), Mazera sued Varsity Ford, his former employer, for alleged discrimination. In connection with the suit, Mazera sought a declaration that his claims were not subject to arbitration... Full Story
FAA Preempts Michigan Statutory Prohibition on Extra-Territorial Arbitration of Franchise Disputes
Prude v. McBride Research Laboratories, Inc., No. 07-13472, 2008 WL 360636 (E.D. Mich. Feb. 8, 2008)
2/8/2008
Citing a prior intra-district decision, a federal district court in Michigan has held that a Michigan state law prohibiting extra-territorial arbitration of franchise disputes is preempted by the Federal Arbitration Act.
In Prude v. McBride Research Laboratories, Inc., No. 07-13472, 2008 WL 360636 (E.D. Mich. Feb. 8, 2008), franchisee Prude entered into a distributor contract with franchisor McBride. The contract contained an arbitration agreement. A dispute arose between the parties over the distributor contract's termination after Prude had allegedly failed to meet certain sales goals... Full Story
Right to Judicial Forum Under NLRA Waivable Absent Use of Coercive Tactics to Gain Waiver
Webster v. Guillermo Perales, No. 3:07-CV-00919-M, 2008 WL 282305 (N.D. Tex. Feb. 1, 2008)
2/1/2008
A federal court in Texas held that National Labor Relations Act (NLRA) claims are arbitrable where there is no evidence of coercive tactics or other unfair practices used to interfere with an employee's right to a judicial forum under the Act.
In Webster v. Guillermo Perales, No. 3:07-CV-00919-M, 2008 WL 282305 (N.D. Tex. Feb. 1, 2008), Lisa Webster, Kendall Morris, and April Ellis (collectively, employees) sued Golden Restaurants, Inc. (Golden), their former employer, for alleged violations of the Fair Labor Standards Act (FLSA). Golden moved to compel arbitration based on an arbitration agreement signed by each of the employees... Full Story
Texas Federal Court Finds Litigant Waived Right to Arbitrate by "Substantially Invoking Judicial Process"
Nicholas v. M.W. Kellogg Co., No. H-07-0657, 2008 WL 379660 (S.D. Tex. Feb. 12, 2008)
2/12/2008
Denying a motion to compel arbitration of a breach of contract claim, a Texas federal court held that a party waived its right to arbitrate by substantially invoking the judicial process, which prejudiced the opposing party.
In Nicholas v. M.W. Kellogg Co., No. H-07-0657, 2008 WL 379660 (S.D. Tex. Feb. 12, 2008), Nicholas worked for M.W. Kellogg. He developed a terminal form of lung cancer resulting from asbestos exposure. In 1998, Nicholas and M.W. Kellogg signed a severance agreement whereby Nicholas agreed to release M.W. Kellogg from any claims provided the company continued to provide him with health, disability, and other insurance benefits... Full Story
State Cases
California Appellate Court Vacates Arbitration Award Where Statute Prohibits Unlicensed Business from Enforcing Its Contracts
Vestra Resources, Inc. v. Thompson, No. C054241, 2008 WL 193252 (Cal. Ct. App. Jan. 24, 2008)
1/24/2008
Reversing a trial court order confirming an arbitration award, a California appellate court vacated an arbitration award on public policy grounds, holding that Cal. Bus. & Prof. Code § 6738 prohibits an unlicensed business from enforcing its contracts and, by extension, arbitration agreements found in those unenforceable contracts.
In Vestra Resources, Inc. v. Thompson, No. C054241, 2008 WL 193252 (Cal. Ct. App. Jan. 24, 2008), Midstate hired Vestra to provide civil engineering services for construction projects undertaken by Midstate. A dispute arose between the parties and Vestra demanded arbitration. Before the arbitration hearing, Midstate informed the arbitrator it would not participate in arbitration because it learned that Vestra lacked the required licenses and therefore the contracts containing the arbitration provision were illegal... Full Story
California Court Denies Arbitration Based on Possibility of Conflicting Rulings
Rosales v. SuperShuttle Franchise Corp., No. B196431, 2008 WL 274066 (Cal. Ct. App. Feb. 1, 2008)
2/1/2008
A California appellate court upheld a lower court's denial of arbitration between a franchiser and some of its franchisees when the remainder of the franchisees were engaged in a pending court action arising out of common issues of law and fact.
In Rosales v. SuperShuttle Franchise Corp., No. B196431, 2008 WL 274066 (Cal. Ct. App. Feb. 1, 2008), Rosales and eighteen others were franchisees of SuperShuttle. The franchisees brought six causes of action in a suit against SuperShuttle after they were terminated for their involvement in a labor dispute... Full Story
Party Waives Right to Object to Arbitrator's Authority by Waiting to Object Until After Award Is Issued
Vargas v. Cedars-Sinai Medical Center, No. B197520, 2008 WL 331068 (Cal. Ct. App. Feb. 7, 2008)
2/7/2008
The right to object to an arbitrator's authority is waived when the arbitrator properly discloses any possible source of bias and the parties then fail to object to the arbitrator's authority until after an award is issued, according to the California Court of Appeal.
In Vargas v. Cedars-Sinai Medical Center, No. B197520, 2008 WL 331068 (Cal. Ct. App. Feb. 7, 2008), Vargas brought claims of discrimination and failure to accommodate against former employer Cedars-Sinai. The trial court ordered the claims to arbitration in accordance with the parties' prior agreement... Full Story
Statutory Deadline for Challenging Arbitration Award Applies to Public Policy Challenges
Town of Bloomfield v. United Electrical, No. 17862, 2008 WL 221213 (Conn. Jan. 29, 2008)
1/29/2008
In a case arising from a labor dispute, the Connecticut Supreme Court held that the 30-day statutory deadline for challenging arbitration awards applies to public policy challenges even though violation of public policy is not a statutory ground for vacatur. In reaching its decision, the Court distinguished its prior holding that the deadline does not apply where a party has challenged an award on the basis that there is no arbitration agreement.
In Town of Bloomfield v. United Electrical, No. 17862, 2008 WL 221213 (Conn. Jan. 29, 2008), the Town of Bloomfield (Town) fired a police officer for allegedly fabricating witness statements and lying in a police report. The Police Union filed a grievance on behalf of the officer... Full Story
Under New Jersey Law, Medical Provider Waived Right to Appeal Arbitration Award by Agreeing to PIP Arbitration
New Jersey Manufacturers Ins. Co. v. University Physicians Associates, No. A-1491-06T1, 2008 WL 238518 (N.J. Super. Ct. App. Div. Jan. 30, 2008)
1/30/2008
A New Jersey appellate court determined that a medical provider waived its right to appeal the lower court's vacatur of a of Personal Injury Protection (PIP) arbitration award because it agreed to arbitration under New Jersey's Alternative Procedure for Dispute Resolution Act (APDRA).
In New Jersey Manufacturers Ins. Co. v. University Physicians Associates, No. A-1491-06T1, 2008 WL 238518 (N.J. Super. Ct. App. Div. Jan. 30, 2008), New Jersey Manufacturers Insurance's (NJM) insured, Montagano, was injured in a car accident. Thereafter, Montagano was admitted to a hospital for emergency medical care from University Physicians Associates (UPA). UPA submitted its medical bills for Montagano's treatment to NJM for payment of PIP benefits... Full Story
Texas Appellate Court Finds Participation in Separate Lawsuits Relating To Loans Does Not Amount to Waiver of Arbitration Rights
In re International Bank of Commerce, No. 13 -07-693-CV, 2008 WL 192260 (Tex. Ct. App. Jan. 18, 2008)
1/18/2008
Reversing a trial court ruling denying a motion to compel arbitration of a loan dispute, a Texas Court of Appeals held that a party's involvement in separate lawsuits relating to the underlying loans did not amount to waiver of its arbitration rights because it did not substantially invoke the judicial process nor prejudice the opposing party.
In In re International Bank of Commerce, No. 13 -07-693-CV, 2008 WL 192260 (Tex. Ct. App. Jan. 18, 2008), the Cantus obtained approximately fifty loans throughout a fifteen year period from the International Bank of Commerce (IBC). In June 2007, the Hidalgo County taxing authorities notified IBC that it was auctioning various properties the Cantus had posted as collateral... Full Story
Court Denies Non-Signatory's Effort to Compel Arbitration Under Interdependent Misconduct Theory
In re Banc One Investment Advisors Corp., No. 01-07-01021-CV, 2008 WL 340507 (Tex. Ct. App. Feb. 7, 2008)
2/7/2008
A Texas appellate court determined that interdependent and concerted claims asserted in the trial court and arbitration were not sufficient grounds for a non-signatory to compel arbitration of its litigation claims.
In In re Banc One Investment Advisors Corp., No. 01-07-01021-CV, 2008 WL 340507 (Tex. Ct. App. Feb. 7, 2008), James Greer possessed valuable stock options worth several million dollars. Deutsche Bank and Banc One approached Greer and suggested that under their guidance, he establish a tax shelter. Greer agreed and performed the complex transactions according to the advice of Deutsche Bank and Banc One... Full Story
Arbitration Agreement in Original Contract Not Extinguished by an Unperformed Agreement to Terminate the Contract
In re Bath Junkie Franchise, Inc., Nos. 09-07-395CV, 09-07-437CV, 2008 WL 324760 (Tex. Ct. App. Feb. 7, 2008)
2/7/2008
The Texas Court of Appeals has granted mandamus relief to a franchisor attempting to compel arbitration, holding that an arbitration agreement within an original contract is not extinguished by a yet unperformed agreement to terminate the original contract.
In In re Bath Junkie Franchise, Inc., Nos. 09-07-395CV, 09-07-437CV, 2008 WL 324760 (Tex. Ct. App. Feb. 7, 2008), franchisor Bath Junkie entered into a franchising contract with Hygiene. The contract contained an arbitration agreement encompassing all claims related to the contract, and included a survival clause specifying that the arbitration term would still be enforceable should the contract end... Full Story
ADR Legislation & Regulation
LEGISLATION
AL H 30
AUTHOR: Newton D [D]
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 2531
AUTHOR: Farnsworth [R]
TITLE: Arbitration Time Limit
DISPOSITION:Pending
LOCATION: House Judiciary Committee
Commentary: This bill would change the period to apply for a modification of an arbitration award from ten days to fourteen days.
AZ H 2766
AUTHOR: Mason [R]
TITLE: Omnibus Energy Act
DISPOSITION:Pending
LOCATION: House Environment Committee
Commentary: Concerns the Omnibus Energy Act of 2008. Makes any agreement that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state void and unenforceable.
AZ H 2845
AUTHOR: Driggs [R]
TITLE: Uniform Arbitration Act
DISPOSITION: Pending
LOCATION: House Rules Committee
Commentary: Concerns the Uniform Arbitration Act. Added chapter 21, which includes general provisions regarding definitions relating to arbitration, notice, applicability, effect of agreement to arbitrate/waiver, application for judicial relief, motions to compel or stay arbitration, interim relief, initiation of arbitration, consolidation of separate arbitration proceedings, appointment of, disclosures made by, and immunity of arbitrators, and other issues relating to arbitration/the arbitration process.
CA A 1867
AUTHOR: Keene [R]
TITLE: Real Estate Appraisers
DISPOSITION: Pending
LOCATION: Assembly Business and Professions Committee
Commentary: Amendments to the Business and Professions Code that "Any waiver by a member, including, but not limited to, an agreement to arbitrate a claim, that is required as a condition of submitting a proposal or doing business with a public agency shall be presumed involuntary, unconscionable, against public policy, and unenforceable."
CA A 1891
AUTHOR: Niello [R]
TITLE: Civil Procedure: Sanctions
DISPOSITION: Pending
Commentary: Requires a trial court to order attorney fees in the case "of any filing, action, or tactic that is frivolous, clearly unjustified, or otherwise substantially devoid of merit in view of the permanent facts, the applicable law, and the cause or position asserted." It also applies to judicial arbitration proceedings.
CA A 2220
AUTHOR: Jones [D]
TITLE: Noncontracting Hospitals: Billing Disputes
DISPOSITION: Pending
LOCATION: ASSEMBLY
Commentary: This bill would state, "It is the intent of the Legislature to advance the efficient and equitable resolution of billing disputes between noncontracting hospitals and health care service plans."
CA A 2611
AUTHOR: Lieu [D]
TITLE: Debt Management and Settlement: Credit Counselors
DISPOSITION: Pending
LOCATION: ASSEMBLY
Commentary: Enacts the Debt Settlement Services Act. Provides for regulation of persons who provide debt settlement services. As it relates to arbitration, an agreement may not, "[e]xcept as permitted by the California Arbitration Act (Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure), 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", nor may it "[c]ontain a provision that restricts the individual's remedies under this division or under another law of this state."
CA A 2947
AUTHOR: Eng [D]
TITLE: Elder and Dependent Adult Abuse: Waiver of Rights
DISPOSITION: Pending
LOCATION: ASSEMBLY
Commentary: Amends "existing law which provides that a written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, except for those grounds that exist for the revocation of any contract." Notable amendments include: "(b) Subdivision (a) shall not apply to any arbitration agreement applicable to a future controversy entered into between a long term care facility, as defined in Section 15610.47 of the Welfare and Institutions Code, and an elder, as defined in Section 15610.47 of the Welfare and Institutions Code, or dependent adult, as defined in Section 15610.47 of the Welfare and Institutions Code, or his or her representative, that is entered into in violation of Section 15657 of the Welfare and Institutions Code." Further, "This bill would prohibit a long term care facility, as defined, that provides care to an elder or dependent adult from requiring, as a condition of admission to, or of continued care at, the facility that an elder or dependent adult, or his or her representative waive any right afforded under the act, including the right to file a complaint with the State Department of Public Health, or a law enforcement agency, or to pursue a civil action."
CT H 5531
INTRODUCER: Joint Judiciary
TITLE: Revised Uniform Arbitration Act
DISPOSITION: Pending
Commentary: Adopts the revised uniform arbitration act; responds to the increased use of arbitration in resolving disputes and revises and modernizes arbitration procedures by adopting the Revised Uniform Arbitration Act.
CT S 534
INTRODUCER:Joint General Law
TITLE: Cash Advance Contracts and Personal Injury
DISPOSITION: Pending
LOCATION: Joint Committee on General Law
Commentary: Concerns cash advance contracts and plaintiffs in personal injury and wrongful death cases. Outlines several unfair trade practices regarding cash advances made to plaintiffs in personal injury and wrongful death cases. The bill would also prohibit mandatory arbitration agreements in cash advance contracts.
FL H 979 COMPARE: FL H 381
AUTHOR: Randolph [D]
TITLE: Subprime Loans
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: Relates to subprime loans. As it relates to ADR, prohibits mandatory arbitration clauses in subprime home loans where the clause "limits in any way the right of the borrower to seek relief through the judicial process for any and all claims and defenses the borrower may have against the lender, broker, or other party involved in the loan transaction."
FL S 1012 COMPARE: FL H 405
AUTHOR: Banking and Insurance Cmt
TITLE:Health Insurance Claims Payments
DISPOSITION: Pending
LOCATION: Senate Commerce Committee
Commentary: Relates to health insurance claims payments; amendments include: in regard to a "Leasing, renting, or granting access to a preferred provider or exclusive provider...(7) A health care contract may provide for arbitration of disputes arising under this section."
FL S 1564
AUTHOR: Atwater [R]
TITLE: Insurance Rate Standards
DISPOSITION: Pending
LOCATION: Senate Banking and Insurance Committee
Commentary: Relates to insurance regulation. "[R]epeals a specified provision which provides for the submission of a disputed rate filing, other than a rate filing for medical malpractice insurance, to an arbitration panel in lieu of a administrative hearing." AND deletes "a provision allowing the Residential Property and Casualty Joint Underwriting Association to require the arbitration of a rate filing under state law; providing an effective date."
FL S 2076
AUTHOR:Deutch [D]
TITLE:Arbitration
DISPOSITION: Pending
LOCATION: SENATE
Commentary: An act providing "that the Florida Arbitration Code does not apply to certain insurance policies; provides that mandatory binding arbitration is void and unenforceable except as provided by federal law. Provides that a financial or personal interest in the outcome of a proceeding or an existing or past relationship with a party constitutes grounds for removal of the arbitrator." Also requires that an arbitrator must conduct an arbitration in a "fundamentally fair" manner, in addition to other procedural requirements of arbitration. Finally, puts restrictions on activities of arbitral organizations and requires them to publish reports of outlined information and disclosure of arbitration costs.
FL S 2214
AUTHOR: Aronberg [D]
TITLE: Mortgage Rescue Fraud Act
DISPOSITION: Pending
LOCATION: SENATE
Commentary: "Relates to mortgage rescue fraud act; provides requirements for foreclosure consultant contracts; specifies prohibited activities for foreclosure consultants and foreclosure purchasers; specifies certain violations as unlawful practices and provides for remedies under the Florida Deceptive and Unfair Trade Practices Act." As it relates to ADR, the Act makes void at the option of the owner "[a]ny provision in a contract that attempts or purports to require arbitration of any dispute arising under this act".
HI H 2795
AUTHOR: Green [D]
TITLE: Federally Qualified Health Centers
DISPOSITION: Pending
LOCATION: House Finance Committee
Commentary: Amends a bill establishing a timeline by which the department of health shall reconcile managed care supplemental payments and for other reasons. Amendments include: "Any person aggrieved by a final decision and order shall be entitled to judicial review in accordance with chapter 91 or may submit the matter to binding arbitration pursuant to chapter 658A."
HI H 3331 COMPANION: HI S 2889
AUTHOR: Brower [D]
TITLE: Condominiums
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: Amends statutes regarding condominiums. Specifies matters that are subject to mediation; Permits unsatisfied parties to mediation to pursue arbitration after 30 days; relates to condominiums.
HI S 2542
AUTHOR: Ige [D]
TITLE: Primary Care for Uninsured
DISPOSITION: Pending
LOCATION: Senate Ways and Means Committee
Commentary: Amends an act to ensure continued community based primary care for the uninsured, underinsured or Medicaid recipients by helping the community health center system to remain financially viable and stable in the face of the increasing needs of these populations; relates to public health. Amendments include: Any person aggrieved by the final decision and order shall be entitled to judicial review in accordance with chapter 91 or may submit the matter to binding arbitration pursuant to chapter 658A.
ID S 1261
AUTHOR: Judiciary and Rules Cmt
TITLE: Uniform Mediation Act
DISPOSITION: Enacted
LOCATION: Chaptered
Commentary: A bill to adopt the Uniform Mediation Act.
KY S 186BR: 1789
SPONSOR: Neal [D]
TITLE: Mortgage Lending
DISPOSITION: Pending
LOCATION: Senate Banking and Insurance Committee
Commentary: An act relating to mortgage lending. Provides that a "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."
MD S 412
AUTHOR: Forehand [D]
TITLE: Task Force
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: A bill to create a task force to determine, in part, whether a State run arbitration program should be created to resolve disputes under the Automotive Warranty Enforcement Act.
MN S 833 COMPANION: MN H 635
AUTHOR: Olson M [DFL]
TITLE: Telecommunications
DISPOSITION: Pending Carryover
Commentary: Enacts the Minnesota Wireless Telephone Consumer Protection Act. Includes "Subd. 6. Consumer remedies may not be limited. A wireless carrier may not limit by contract the right of a subscriber to bring complaints or the rights and remedies available to a subscriber by law, including class actions, in any state or federal court or agency of competent jurisdiction. A wireless carrier may not by contract hold subscribers liable for carrier legal costs resulting from complaints before the commission, the courts, or another agency. A contract between a wireless carrier and a customer may not require that disputes under the contract be submitted to arbitration."
NJ A 2085
SPONSOR: Cohen [D]
TITLE: Health Care Claims
DISPOSITION: Pending
LOCATION: Assembly Financial Institutions and Insurance Committee
Commentary: Amends law regarding health insurance carriers. Amendments provide for arbitration initiated by either party, under certain procedural requirements, including that the amount in dispute be over $1000. A payer shall establish an internal appeal mechanism to resolve any dispute regarding compliance with the requirements of this act. The payer shall conduct the appeal at no cost to the health care provider. Any dispute regarding the determination of an internal appeal may be referred to arbitration. The commissioner shall contract with a nationally recognized, independent organization that specializes in arbitration to conduct the arbitration proceedings.
NJ A 2339
SPONSOR: Greenstein [D]
TITLE: Alternative Dispute Resolution
DISPOSITION: Pending
LOCATION: Assembly Judiciary Committee
Commentary: "Requires policy on use of alternative dispute resolution for State agencies; expands duties of Dispute Settlement Office of Department of Public Advocate."
NJ SCR 76
SPONSOR: O'Toole [R]
TITLE: Medical Care Availability Task Force
DISPOSITION: Pending
LOCATION: Senate Health, Human Services and Senior Citizens Committee
Commentary: "Directs Legislature to conduct public hearing on and provides for expedited consideration of Medical Care Availability Task Force recommendations." Some of the outlined purposes of the task force are: "(3) the advantages and disadvantages of adopting additional changes to the statute of limitations regarding medical malpractice actions; (4) the advantages and disadvantages of establishing additional procedures for mediation of actions alleging medical malpractice and for screening for frivolous medical malpractice lawsuits; and (5) the advantages and disadvantages of establishing a pre suit procedure".
OH H 125
SPONSOR: Huffman [R]
TITLE: Health Care Provider Contract Provisions
DISPOSITION: Pending
LOCATION: Bills for Senate Third Consideration
Commentary: Adds ADR provisions for health care provider (third party payer) contract disputes, which are "subject to a mutually agreed upon arbitration mechanism, which is binding on all parties. The arbitrator may award reasonable attorney's fees and costs for arbitration relating to the enforcement of this section to the prevailing party. The limitation to reasonable attorney's fees and costs shall not apply to disputes regarding breach of contract."
OK S 1839
AUTHOR:Corn [D]
TITLE: The Uniform Arbitration Act
DISPOSITION: Pending
LOCATION: SENATE
Commentary: Amends the Uniform Arbitration Act to read that it shall not apply to collective bargaining agreements and contracts which reference insurance, except for those contracts between insurance companies.
RI H 7619
AUTHOR: Kennedy [D]
TITLE: Insurance
DISPOSITION: Pending
LOCATION: House Corporations Committee
Commentary: Creates the Market Conduct Surveillance Act in order to establish a framework for insurance market conduct actions. "To the extent the commissioner retains outside assistance, the commissioner must have in writing protocols that: ... (iv) Establish and utilize a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination costs and fees".
RI H 7800
AUTHOR: Ehrhardt [R]
TITLE: State Departments
DISPOSITION: Pending
LOCATION: House Finance Committee
Commentary: Amends "Consumer Enforcement of Motor Vehicle Warranties". Amendments require that "the department of the attorney general shall provide an independent arbitration procedure for the settlement of disputes between consumers or lessees and manufacturers concerning motor vehicles which do not conform to all applicable express or implied warranties. There shall be established the motor vehicle arbitration board which shall consist of five (5) members." The amendments further provide for procedure to be followed by the arbitration panel.
RI H 7867
AUTHOR: Kennedy [D]
TITLE: Insurance
DISPOSITION: Pending
LOCATION: House Corporations Committee
Commentary: Creates "the Market Conduct Surveillance Act in order to establish a framework for insurance market conduct actions." Requires the establishment and utilization of "a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination costs and fees".
UT S 143
AUTHOR: VanTassell [R]
TITLE: Insurance Code
DISPOSITION: To Governor
LOCATION: Eligible for Governor
Commentary: Modifies the Insurance Code to address financial requirements related to insurers or insurance products. As related to arbitration, amendment states that Utah law doesn't override parties' agreement to arbitrate.
VA H 408
AUTHOR: Oder [R]
TITLE: Foreclosure Rescues
DISPOSITION: Pending
LOCATION: Concurrence
Commentary: Amends law relating to foreclosure. Amendments include: "[a]ny provision in an agreement with the owner of such residential real property that requires the owner to submit to mandatory arbitration shall be null and void, and notwithstanding any such provisions, the owner of such residential real property shall have the rights and remedies under this chapter."
WA S 6776
AUTHOR: Kline [D]
TITLE: State Whistleblower Protections
DISPOSITION: Pending
LOCATION: House State Government & Tribal Affairs Committee
Commentary: Modifies state whistleblower protections. As it relates to arbitration, "(11) Instead of filing with the commission, a complainant may pursue arbitration conducted by the American arbitration association or another arbitrator mutually agreed by the parties, with the cost of arbitration shared equally by the complainant and the respondent."
WV H 2039
SPONSOR: Ellem [R]
TITLE: Consumer Loan Agreements
DISPOSITION: Passed House Committee
LOCATION: HOUSE
Commentary: "The purpose of this bill is to establish that unless preempted by federal law, a regulated contract may not contain a mandatory arbitration clause, and that any mandatory arbitration clause in a regulated contract is void.
REGULATIONS
None.
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