A comprehensive weekly ADR overview from the National Arbitration Forum
Week of March 5, 2009

IN THIS ISSUE


ADR Legislation & Regulation

 

 

Federal Cases

Fifth Circuit Reserves Questions of Arbitrability for the Arbitrator
Agere Systems Inc. v. Samsung Electronics Co. Ltd., No. 07-40984, 2008 WL 388940 (5th Cir. Feb. 18, 2009)
2/18/2009

Where a controversy arises related to a series of successive contracts, questions of arbitrability is reserved for the arbitrator to decide if one of the agreements explicitly empowers the arbitrator to decide issues of arbitrability according to the Fifth Circuit.

In Agere Systems Inc. v. Samsung Electronics Co. Ltd., No. 07-40984, 2008 WL 388940 (5th Cir. Feb. 18, 2009), Samsung had originally entered into a cross-license agreement with AT&T which also included a payment structure agreement. When Lucent Technologies became AT&T’s successor-in-interest, a new payment structure agreement was drafted providing for any disputes to be resolved by an ADR process, and that the arbitrator “shall determine issues of arbitrability.”...  Full Story


Subcontractor’s Miller Act Claims Not Arbitrable under Equitable Estoppel Principles
U.S. for use of Lighting and Power Services, Inc. v. Interface Const. Corp., 553 F.3d 1150 (8th Cir. 2009)
1/29/2009

The Eighth Circuit Court of Appeals has held that principles of equitable estoppel cannot be used to compel arbitration of federal Miller Act claims. Moreover, a stipulation stating a contract is “attached” to another contract insufficient to incorporate an arbitration agreement in that latter contract by reference.

In U.S. for use of Lighting and Power Services, Inc. v. Interface Const. Corp., 553 F.3d 1150 (8th Cir. 2009), Interface was awarded a government contract to remodel a federal building. Henderson entered into a subcontract with Interface to provide the electrical work for the project (Subcontract). The Subcontract contained an arbitration agreement. In turn, LPS entered into a sub-subcontract with Henderson that was nearly identical the Subcontract but lacked an arbitration agreement. LPS stipulated that its contract be “an Attachment to the Subcontract.” Subsequently, Interface secured a surety bond...  Full Story


Ninth Circuit Shrugs Off Hall Street, Continues to Recognize Manifest Disregard
Comedy Club, Inc. v. Improv West Assocs., Nos. 05-55739, 05-56100, 2009 WL 205046 (9th Cir. Jan. 29, 2009)
1/29/2009

Essentially reaffirming its original position on manifest disregard that was reversed by the Supreme Court in Hall Street, the Ninth Circuit Court of Appeals held that manifest disregard of the law is still a valid standard for vacatur because it is “shorthand” for the statutory ground for vacatur found in section 10(a)(4) of the Federal Arbitration Act (FAA).

In Comedy Club, Inc. v. Improv West Assocs., Nos. 05-55739, 05-56100, 2009 WL 205046 (9th Cir. Jan. 29, 2009), Comedy Club, Inc. (CC) and Improv West Associates (IWA) entered into a trademark license contract that granted CC an exclusive nationwide license to use IWA’s trademarks. The contract contained an arbitration agreement and also contained a nationwide covenant-not-to-compete that remained in effect until 2019...   Full Story


Arbitration Agreement Remains Enforceable Where Party Seeks to Rescind Contract
Scott v. EFN Investments, LLC, No. 08-14799, 2009 WL 368333 (11th Cir. Feb. 17, 2009)
2/17/2009

Where a rescinded contract is accompanied by an arbitration agreement, the argument that the arbitration agreement is also rescinded and unenforceable is for the arbitrator to decide, according to the Eleventh Circuit.

In Scott v. EFN Investments, LLC, No. 08-14799, 2009 WL 368333 (11th Cir. Feb. 17, 2009), Scott and EFN entered into an automobile sales contract that contained an arbitration agreement stating that any dispute relating to the purchase, or any alleged unfair or deceptive acts, would be submitted to arbitration...   Full Story


Iowa Federal Court Finds the Word “Arbitration” Unnecessary for Parties to have Valid Arbitration Agreement
Harker’s Distribution, Inc. v. Reinhart Foodservice, L.L.C., No. C 08-4076-MWB, 2009 WL 141071 (N.D.Iowa Jan. 23, 2009)
1/23/2009

An Iowa federal court has held that an agreement to refer disputes over the valuation of a business to an accounting firm constituted an arbitration agreement despite the parties’ contract not referencing arbitration.

In Harker’s Distribution, Inc. v. Reinhart Foodservice, L.L.C., No. C 08-4076-MWB, 2009 WL 141071 (N.D.Iowa Jan. 23, 2009) Reinhart and Harker’s executed an Asset Purchase Agreement under which Reinhart would acquire Harker’s Distribution’s wholesale food distribution customers in Wisconsin and Iowa. The Asset Purchase Agreement provided a formula for calculating the final purchase price and contained an “accountant remedy” provision that required the parties to submit disputes over the purchase price to an accounting firm acceptable to both parties...   Full Story


“Shrinkwrap” Arbitration Agreement Binding as to Buyer’s Credit Report Claims
Wold v. Dell Fin. Servs., L.P., No. Civ. 08-1468 (MJD/SRN), 2009 WL 397235 (D. Minn. Feb. 17, 2009)
2/17/2009

Noting the buyer’s full performance under the contract and the seller’s evidence that buyers are routinely mailed an arbitration agreement as part of a standard credit materials package, a Minnesota federal district court has held that a buyer was bound to arbitrate claims under a “‘shrinkwrap’ accept-or-return” agreement.

In Wold v. Dell Fin. Servs., L.P., No. Civ. 08-1468 (MJD/SRN), 2009 WL 397235 (D. Minn. Feb. 17, 2009), Wold purchased a computer by phone from Dell. To finance the purchase, Wold secured financing from Dell Financial Services (“DFS”). Even though Wold eventually paid off the entire loan from DFS, Wold alleged that DFS erroneously reported that Wold had discharged the DFS debt through bankruptcy...   Full Story


Texas Federal Court Permits Non-Signatories to Compel Arbitration
Idearc Media Corp. v. Encore Marketing Group, Inc., No. 3:08-CV-223-M, 2009 WL 129379 (N.D.Tex. Jan. 20, 2009)
1/20/2009

Granting several non-signatories’ motions to compel arbitration of a commercial dispute, a Texas federal court held that the claims against various non-signatories were arbitrable because the alleged claims involved substantially interdependent and concerted conduct as the claims alleged against the signatory to the arbitration agreement.

In Idearc Media Corp. v. Encore Marketing Group, Inc., No. 3:08-CV-223-M, 2009 WL 129379 (N.D.Tex. Jan. 20, 2009), Idearc contracted with Encore to sell advertising on Superpages.com to small and medium sized businesses. Idearc would pay a commission based on Encore’s net monthly sales. Idearc later discovered irregularities with some of Encore’s invoices and believed Encore and its executives were conspiring to create fictitious sales to generate fraudulent commissions...   Full Story


Another Court Rejects Argument of Bias As a Result of the “Repeat Player Effect”
Cline v. Chase Manhattan Bank USA, No. 2:07-CV-00728 BSJ, 2009 WL 236696 (D. Utah Jan. 30, 2009)
1/30/2009

In granting a motion to confirm an arbitration award, a federal court in Utah struck sham declarations from the record and rejected a consumer’s “repeat player effect” argument.

In Cline v. Chase Manhattan Bank USA, No. 2:07-CV-00728 BSJ, 2009 WL 236696 (D. Utah Jan. 30, 2009), Christina Cline opened a credit card with Chase Manhattan Bank (Chase). Cline’s contract with Chase contained an arbitration agreement...   Full Story


West Virginia Federal Court Upholds Class Waiver in AT&T Arbitration Agreement
Strawn v. AT&T Mobility, Inc., No. 2:06-0988, 2009 WL 154433 (S.D. W.Va. Jan. 20, 2009)
1/20/2009

Granting a motion to compel arbitration of a wireless dispute and rejecting a plaintiff’s argument that a class action waiver was unconscionable, a West Virginia federal court upheld an arbitration agreement’s class waiver provision, in part, because it preserved the legal right of a consumer to recover attorney fees.

In Strawn v. AT&T Mobility, Inc., No. 2:06-0988, 2009 WL 154433 (S.D. W.Va. Jan. 20, 2009), Strawn contracted with AT&T to obtain cell phone service. The contract’s Terms of Service contained an arbitration agreement mandating arbitration of all disputes. Strawn later learned that AT&T imposed a $2.99 monthly charge for “roadside assistance” he never requested...   Full Story


 

State Cases

Court Validation of an Arbitration Agreement Is Not a Pre-Condition to Bringing a Motion to Confirm
NCO Portfolio Mgmt., Inc. v. Walker, No. 08-1011, 2009 WL 249436 (La. Ct. App. Feb. 4, 2009)
2/4/2009

A Louisiana Court of Appeals has held that a party seeking confirmation of an award need not obtain a court’s validation of the underlying agreement as a pre-condition to bringing a motion to confirm, harshly rejecting the rationale of a prior contrary Louisiana appellate court holding.

In NCO Portfolio Mgmt., Inc. v. Walker, No. 08-1011, 2009 WL 249436 (La. Ct. App. Feb. 4, 2009), NCO was assigned Walker’s debt to MBNA. NCO later demanded arbitration of its claim against Walker with the National Arbitration Forum. Walker was provided notice of the pending arbitration, but did not respond or otherwise participate in the proceedings. Ultimately, on August 14, 2007, the arbitrator issued an award in favor of NCO. NCO then offered to validate the amount of the debt, but Walker did not respond to this inquiry...  Full Story


California Appellate Court Holds “Reasonable Person would not Harbor Doubts about Arbitrator’s Ability to Render an Impartial Decision”
Dongjin Semichem, Inc. v. Emailfund, Inc., No. G040477, 2009 WL 296610 (Cal. Ct. App. Feb. 09, 2008)
2/9/2008

Affirming a trial court ruling denying a motion to vacate an arbitration award in a commercial dispute for alleged arbitrator bias, a California appellate court held that the arbitrator displayed no bias and was attempting to fulfill his duty to conclude the arbitration.

In Dongjin Semichem, Inc. v. Emailfund, Inc., No. G040477, 2009 WL 296610 (Cal. Ct. App. Feb. 09, 2008) Dongjin and Emailfund arbitrated a dispute involving Dongjin’s planned purchase of four million shares of Emailfund stock. The arbitrator issued an award in Dongjin’s favor finding that Emailfund and its principal Kim had not made a good faith effort to develop the software they had agreed to develop. The arbitrator rescinded the agreement, ordered Emailfund to return Dongjin’s investment, and ordered Kim to pay Dongjin’s attorney fees and costs as a sanction for Kim’s dilatory and bad faith conduct...   Full Story


Florida Court Penalizes Auto Insurance Company for Refusing to Arbitrate in County Where Insured “Lives”
Pawtucket Mutual Insurance Co. v. Manganelli, No. 4D08-193, 2009 WL 383592 (Fla. Dist. Ct. App. Feb. 18, 2009)
2/18/2009

Where an insurance contract provides that arbitration shall take place in the county where the insured lives, and the insurer subsequently refuses to arbitrate there, the insurer is liable to the insured for any attorney’s fees incurred in litigating the dispute regarding the proper forum for the arbitration, according to a Florida appellate court.

In Pawtucket Mutual Insurance Co. v. Manganelli, No. 4D08-193, 2009 WL 383592 (Fla. Dist. Ct. App. Feb. 18, 2009), Manganelli was injured in a car accident in Palm Beach County, Florida. Manganelli filed a claim for uninsured motorist benefits with Pawtucket Mutual Insurance Company (Pawtucket), the insurance company from which Manganelli had purchased auto insurance...   Full Story


Ohio Appellate Court Reverses Judge’s Dismissal of Motion to Confirm Arbitration Award
FIA Card Services, N.A. v. Salmon, No. 14-08-26, 2009 WL 57592 (Ohio Ct. App. Jan. 12., 2009)
1/12/2009

In reversing the dismissal of a motion to confirm a consumer arbitration award, an Ohio appellate court held that a trial court abuses its discretion by dismissing a case for want of prosecution when it refuses to allow substitute counsel from the same law firm to represent the plaintiff at the motion hearing.

In FIA Card Services, N.A. v. Salmon, No. 14-08-26, 2009 WL 57592 (Ohio Ct. App. Jan. 12., 2009), FIA Card Services (FIA) filed a claim with the National Arbitration Forum against Mary Salmon pursuant to an arbitration agreement in Salmon’s credit card contract. An arbitrator issued an award in favor of FIA, and, after Salmon failed to pay, FIA moved to confirm and enforce the award...   Full Story


New Jersey Appellate Division Upholds PIP Dispute Resolution Process as Fair
Orthopaedic Assocs. v. Dep’t of Banking & Ins., 963 A.2d 367 (N.J. Super. A.D. 2009)
1/20/2009

A New Jersey appellate court upheld affirmed the independence of medical review organizations (MRO) to select and maintain MRO physicians that are used in New Jersey’s PIP arbitration program.

In Orthopaedic Assocs. v. Dep’t of Banking & Ins., 963 A.2d 367 (N.J. Super. A.D. 2009), an Orthopaedic patient received shoulder surgery after two automobile accidents. A dispute arose as to the medical necessity of the surgery and as to which accident caused the injury. The insurer refused PIP benefit payments, and Orthopaedic filed a demand for arbitration with the National Arbitration Forum pursuant to N.J.S.A. 39:6A-5.1(b)...   Full Story


ADR Legislation & Regulation

LEGISLATION


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

CA S 661
AUTHOR: Wolk [D]
TITLE: Residential Care Facilities for the Elderly
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
This bill would require that if an admission agreement includes an arbitration agreement, that arbitration agreement comply with prescribed requirements. The bill would provide that the arbitration agreement requirements shall not invalidate an arbitration agreement that does not meet the requirements if the arbitration agreement existed prior to the effective date of this bill. If the admission agreement includes an arbitration agreement, the arbitration agreement shall clearly indicate that the agreement to arbitrate is voluntary and not a precondition for admission; and clearly indicate to the parties that, by signing the arbitration agreement, both parties are voluntarily and knowingly waiving their right to a trial by jury or court trial and, instead, accepting the use of arbitration.

FL H 1045
COMPARE: FL S 2412
AUTHOR: Hudson [R]
TITLE: Debt Settlement Services
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
Relates to debt settlement providers and specifies notice requirements for providers to consumers. As it relates to arbitration, the bill provides that a debt settlement agreement may not require the consumer to submit to arbitration.

FL H 1135
IDENTICAL: FL S 2192
AUTHOR: Poppell [R]
TITLE: Florida Consumer and Small Business Arbitration Act
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
A bill entitled the Florida Consumer and Small Business Arbitration Act. The bill would place a number of restrictions on arbitration, including: 1) voiding mandatory arbitration agreements in insurance policies; 2) voiding any provision for mandatory binding arbitration within any pre dispute arbitration agreement except to the extent federal law provides for its enforceability; 3) requiring prospective arbitrators or arbitration companies must provide a report to parties disclosing “the number of arbitrations conducted for the past 5 years involving either party, their industry, the attorneys or their firms, the outcomes of those past arbitrations, and the dates of decision;” 4) prohibiting fee shifting in arbitration agreements; 5) requiring arbitrators to keep records of all proceedings; 5) requires the court to determine arbitrator compensation and fees unless the parties agree on arbitrator compensation after the start of an arbitration proceeding; 6) greatly expands bases for vacating awards; 7) requires various disclosures in 18 point font; 8) requiring a place on a consumer agreement where a consumer may choose not to arbitrate, and in that area of the agreement the agreement shall prominently state that opting not to arbitrate does not affect the right of the consumer or small business to goods or services; and 9) making any failure to follow the disclosure rules a violation of the Deceptive and Unfair Trade Practices Act and permitting any person or the Attorney General to bring an action against the provider.

FL H 1313
AUTHOR: Taylor P [D]
TITLE: State Federal Relations
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
The bill would create, within the Executive Office of the Governor, the Office of State Federal Relations for the State of Florida (“Office”). The Office shall represent both the legislative and executive branches of state government. As it relates to ADR, the Florida Federal Grants Coordinator, a position within the Office, “shall promote mediation and arbitration efforts between lenders and borrowers to restructure loans” in mortgage foreclosure situations.

FL S 2412
COMPARE: FL H 1045
AUTHOR: Bennett [R]
TITLE: Debt Settlement Services Act
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
An act relating to debt settlement; creating the “Debt Settlement Services Act.” As it relates the arbitration, the Act prohibits, except as permitted by the Federal Arbitration Act, 9 U.S.C. s. 2, as amended, or the Uniform Arbitration Act, any modifications or limitations to otherwise available forums or procedural rights, including the right to trial by jury, which are generally available to the client under law and under this Act.

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

HI S 1623
AUTHOR: Hooser [D]
TITLE: Foreclosures
DISPOSITION: Pending
LOCATION: Senate Judiciary and Government Operations Committee
Commentary:
Requires the mortgagee to inform the mortgagor that mediation may be available for purposes of negotiating a settlement.

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

IL H 59
SPONSOR: Currie [D]
TITLE: Illinois Human Rights Act
DISPOSITION: Pending
LOCATION: Senate Committee on Assignments Committee
Commentary:
The bill amends the Illinois Human Rights Act and provides that, “a conciliation agreement may provide for binding arbitration of the dispute arising from the charge.”

IL H 3806
SPONSOR: Colvin [D]
TITLE: Code of Civil Procedure
DISPOSITION: Pending
LOCATION: House Rules Committee
Commentary:
Amends the Code of Civil Procedure by adding an Article that may be cited as the Mortgage Foreclosure Prevention Law of 2009. Provides that an eligible borrower has a right to defer a judicial sale for a specified period by providing an affidavit to the foreclosing lender. When the deferment period ends or the deferment is lost, a lender may schedule a sale by publishing a specified newspaper notice and serving a copy on those on the premises, 4 weeks before the sale. Provides that a borrower may dispute a deferment cancellation through arbitration, which shall be conducted by volunteer arbitrators.

IL H 3901
SPONSOR: Gordon J [D]
TITLE: Payday Loan Reform Act
DISPOSITION: Pending
LOCATION: House Rules Committee
Commentary:
Amends the Payday Loan Reform Act. Changes the definition of “payday loan” to include any loan with a finance charge exceeding an annual percentage rate of 36%. Prohibits a waiver of the right to a jury trial in any action brought by or against a consumer, unless the waiver is included in an arbitration clause that is not oppressive, unfair, unconscionable, or substantially in derogation of the rights of consumers. The agreement cannot charge for, or attempt to collect, attorney’s fees, court costs, or arbitration costs incurred in connection with the collection of a payday loan.

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

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

MN H 1147
IDENTICAL: MN S 806
AUTHOR: Reinert [DFL]
TITLE: Financial Institutions
DISPOSITION: Pending
LOCATION: House Commerce and Labor Committee
Commentary:
Regulating short term lending. As it relates to arbitration, the bill states, “no contract or agreement between a consumer short term loan lender and a borrower residing in Minnesota may contain a mandatory arbitration provision.”

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

MN S 891
AUTHOR: Olson M [DFL]
TITLE: Arbitration Disputes
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary:
The bill adopts the Uniform Arbitration Act in Minnesota.

MT H 322
AUTHOR: Blewett [D]
TITLE: Fair Arbitrators Act
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary:
The bill specifically regulates arbitration. It imposes various disclosure requirements for arbitrators and provides grounds for vacating awards based on failure to disclose information. Among disclosures required under this statute would be the requirement that arbitrators disclose all previous appearances in which a party to the current arbitration had appeared before them. This is nearly identical to Cal. Code of Civil Procedure 1281.9(a). The bill was amended to establish an enactment date of October 1, 2014.

MT H 396
AUTHOR: Wilson B [D]
TITLE: Title and Deferred Deposit Loans
DISPOSITION: Failed
LOCATION: HOUSE
Commentary:
The bill states “a loan agreement may not contain a mandatory arbitration clause that is oppressive, unconscionable, unfair, or in substantial derogation of consumer rights” and states that “a mandatory arbitration clause that complies with the applicable standards of the AAA must be presumed not to violate the provision.”

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

NE L 101
AUTHOR: Carlson [NP]
TITLE: Farm Mediation Act Termination Date
DISPOSITION: Enacted
LOCATION: Signed by Governor
Commentary:
The bill eliminates the Farm Mediation Act termination date.

NM S 651
AUTHOR: Sanchez M [D]
TITLE: Mortgage Fair Foreclosure Act
DISPOSITION: Pending
LOCATION: Senate Corporations and Transportation Committee
Commentary:
Provides for court annexed mediation of mortgage foreclosure disputes.

OK H 1035
AUTHOR: Jordan [R]
TITLE: Arbitration
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill eliminates the requirement that an arbitrator support his decision by rendering findings of fact and conclusions of law.

OR S 205
AUTHOR: Courtney [D]
TITLE: Construction Contractors
DISPOSITION: Pending
LOCATION: SENATE
Commentary:
The bill relates to consumer notice of construction contracts. As it relates to arbitration, it requires conspicuous notice of mediation or arbitration provisions.

RI S 765
AUTHOR: Lynch [D]
TITLE: Courts and Civil Procedure
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary:
Would adopt the Uniform Mediation Act in Rhode Island.

TX H 1635
AUTHOR: Smith T [R]
TITLE: Texas Residential Construction Commission
DISPOSITION: Pending
LOCATION: HOUSE
Commentary:
This bill would abolish the Texas Residential Construction Commission effective February, 2010 and provide for the phasing out of arbitration claims filed through the Commission.

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

US H 1237
SPONSOR: Sanchez Li [D]
TITLE: Arbitration
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary:
Fairness in Nursing Home Arbitration Act of 2009. The bill would prohibit predispute arbitration agreements in nursing home contracts, both before and after admission.

WI S 62
AUTHOR: Joint Finance
TITLE: State Government
DISPOSITION: Enacted
LOCATION: Chaptered
Commentary:
This bill states that any provision in a contract between a foreclosed homeowner and the foreclosure purchaser that attempts or purports to require arbitration of any dispute arising under bill is void at the option of the foreclosed homeowner.

WY H 10
AUTHOR: Joint Interim Cmte on Corps, Elections
TITLE: Subdivision Requirements and Homeowners Associations
PREFILED: 12/02/2008
DISPOSITION: Enacted
LOCATION: Chaptered
Commentary:
The act relates to subdivisions, providing for subdivision of land prior to construction or sale. The act provides for arbitration or mediation for disputes between members of homeowner or related associations.


REGULATION


None


 

 
 

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