Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Does Canada Need a New Uniform Arbitration Law?
Arbitration - An Alternative to Litigation for Dispute Resolution
Bill on Bankruptcy: Junk Debt Interest Rates at 30-Year Low
Legal Fallout of an Armstrong Confession
Lance's Lawyer: Armstrong Didn't Betray Me
Lance's Lawyer: Armstrong Didn't Betray Me: Video
Lawyer: Madoff May Be One of My Clients' Better Investments
Gene Grabowski on American Airlines' Brand Challenges
In UPMC Braddock v. Harris, the U.S. District Court for the District of Columbia upheld the U.S. Department of Labor’s Arbitration Review Board decision treating hospitals as government subcontractors subject to the equal...more
In this issue:
- What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement
- “The Climb” — NC Activities Directors Win National Award for Their Work...more
Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more
In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....more
In Yox v. Providence Health Plan, No. 12–cv–01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit denials by an independent review organization (IRO) is not akin to an...more
The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth...more
The Supreme Court recently granted certiorari to consider Oxford Health Plans’ appeal of a ruling compelling class arbitration with its providers over the insurer’s payment practices....more
Originally published in Arizona Attorney - December 2012.
October 2012 marked the 20th anniversary of the Arizona Supreme Court’s opinion in Broemmer v. Abortion Services of Phoenix, Ltd. In the two decades since...more
The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more
In This Issue:
..Kathleen Sullivan Named a “Top 10 Female Litigator” by Benchmark Litigation and Euromoney Legal Media Group
..Pharma Patent Litigators Nick Cerrito and Eric Stops Join Quinn Emanuel...more
In This Issue:
- Texas Supreme Court Holds that Stop-Loss Insurance is Not Reinsurance, but Rather, is Direct Health Insurance Subject to Regulation under the State Insurance Code:
The Texas Supreme Court reversed...more
Nursing homes now have the option to resolve survey deficiencies through independent informal dispute resolution (IDR) when they receive civil monetary penalties. The Independent IDR processes have been developed by state...more
Employers who do not currently use mandatory arbitration agreements with their employees should consider the benefits of doing so.
On March 14, 2012, in Quilloin v. Tenet Healthsystem Phila., Inc., the U.S. Court of...more
In This Issue:
Nicaragua: Mission Impossible, Mission Accomplished - Our goal: Initiate the first-ever activities program for abandoned elders in Nicaragua....
Baby Doll: Miracle from Eden - She had the darkest,...more
The United States Supreme Court recently affirmed – in strong terms – the broad reach of the Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.) as applied to predispute arbitration agreements between...more
The law firm of a lawyer who assisted a hospital in “evaluating, mediating and resolving workplace conflicts between employees including allegations of harassment and workplace violence” has been ordered removed as lawyers of...more
A Look at Some of the Major Developments of 2011 Around the Globe, and a Prediction of What’s to Come in 2012 in the Areas of Privacy and Data Protection
Privacy and data protection continues to be an exploding area of...more
Two recent Florida Supreme Court decisions have resulted in major gains for nursing home residents and their families. Both Shotts v. OP Winter Haven and Gessa v. Manor Care of Florida struck down a segment of nursing home...more
Each of the 1,000+ attendees at the spectacular ACMO/CCI-T Condominium Conference earlier this month received a complimentary copy of the Conference Edition of our Condo Alert! newsletter in their delegate bag.
In case you...more
A recent study by Aon Risk Solutions, in partnership with the American Health Care Association, found that long term care liability costs are rising as a result of the average claim size increasing-despite the fact that claim...more
Various dynamics at play in the health care industry are likely to contribute to disputes uniquely suited for resolution through mediation and arbitration. If the Patient Protection and Affordable Care Act (PPACA) survives...more
Philip Henson, Partner, and employment law expert in the City of London law firm Bargate Murray (www.bargatemurray.com)discusses Sharon Shoesmith’s recent victory in the Court of Appeal (UK) and opines that a negotiated...more
Managing emotions when mediating elder abuse cases in dealing with denial, overcoming guilt, diffusing anger and managing emotions effectively....more
Arbitration Agreements require disputes between a resident and the long term care facility to be resolved through binding arbitration. The agreement designates an alternative dispute resolution forum that is independent of...more
Mediation is a process in which a third party or mediator assists parties in a dispute to resolve a conflict. The process is private, voluntary, informal and non-binding. There are circumstances when mediation may be a...more
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