Alternative Dispute Resolution (ADR) Health Civil Procedure

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OMHA Announces Two New Programs to Process Administrative Law Judge (ALJ) Hearings More Efficiently

Earlier this year, the Office of Medicare Hearings and Appeals (OMHA) announced that for most hearing requests received after April 1, 2013, it will be deferring assignment of ALJs. OMHA’s announcement is available on its...more

Alabama Confirms Arbitrators’ Grant of Judgment As A Matter of Law

Just as SCOTUS held its nose and confirmed an arbitration award it thought stunk in Sutter, the Supreme Court of Alabama has confirmed an arbitration award made after only the claimant presented evidence and grounded in a...more

Third Circuit Issues Opinion On Arbitrability Of Direct And Assigned, Or Derivative, Claims

The Third Circuit recently vacated a lower court’s decision granting a motion to compel arbitration of (1) direct claims by certain cardiac services health providers against CIGNA and...more

Two Federal Circuits Find Health Insurance Claims Outside Scope Of Arbitration Clauses

Because courts apply a presumption of arbitrability when they analyze whether particular claims fall within the scope of an arbitration clause, and arbitration clauses are generally drafted very broadly, I don’t usually get...more

Important Court Decision For No-Fault Insurers; Second Circuit Court Of Appeals Rejects Limitation On State Farm v. Mallela

We are pleased to inform you that our firm, together with our co-counsel Bob Stern of Stern & Montana, obtained a very favorable and significant decision for no-fault insurers on an issue of first impression at the appellate...more

Tenth Circuit Rejects State Law Challenge to FAA Primacy

In the aftermath of AT&T Mobility, LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant, consumer lawyers have frequently argued that arbitration agreements should be invalidated if features other than the...more

Arbitration Agreement with a Care Facility is not Enforceable when not Authorized by the Patient Herself

A California court of appeal recently ruled that an agreement to arbitrate disputes between an elderly patient and a nursing facility was not enforceable. The arbitration agreement was signed by the daughter of the patient...more

SuperVision Today - 3rd Quarter 2013

Notes from the Chair & Executive Editor - Welcome to the third-quarter edition of SuperVision Today, Spilman Thomas & Battle's labor and employment e-newsletter. We are very excited about the recently launched Spilman...more

US Supreme Court Defers to Arbitrator’s Decision to Allow Class Arbitration in Healthcare Action

The US Supreme Court affirmed a ruling by the US Court of Appeals for the Third Circuit upholding an arbitrator’s decision that a contract provided for class arbitration. The Court held that where parties consent to arbitrate...more

Supreme Court Defers to Arbitrator on Class Arbitration

On June 10, 2013, the United States Supreme Court unanimously affirmed in Oxford Health Plans v. Sutter an arbitrator's decision to allow class arbitration based on contractual language in a physician's dispute with a health...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

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

District Court Permits ERISA Claim for Benefits of IRO Review, Holding Such Review Is Not an Arbitration

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

Business Litigation Report -- October 2012

In This Issue: Firm News: ..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

Third Circuit Compels Arbitration in Meal Break Case and Finds No Basis for District Court’s Unconscionability Ruling

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

Lawyer-Mediator’s Firm Conflicted-Out of Representing Employee

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

THE INCREASING NUMBER OF CLAIMS FOR VIOLATION OF RESIDENT'S RIGHTS AND ITS IMPACT ON LIABILITY COSTS

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

Sharon Shoesmith - “The Scapegoat”

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

Will You Be Able To Enforce Arbitration Agreements In The Future?

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

When Mediation is the Best Process to Resolve a Dispute

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

When is Negotiation the Best Process to Resolve a Dispute

We are all involved in negotiations in our daily lives. When disagreements arise among families, friends, or co-workers, we often try to resolve the conflict by communicating our position and attempting to persuade the other...more

Antitrust & Trade Regulation Briefing By Robert K.Taylor

IN THIS ISSUE: *Arbitration Clause May Not Prohibit Antitrust Class Actions Or Treble Damages; Limits On Discovery Allowed *Lawsuit Over Driving Up Rivals’ Costs Goes To Supreme Court *Supreme Court To Consider Stricter...more

Alternative Sentencing Theory

Proposes a constitutional framework around which judges may sentence people charged with drug and alcohol-related crimes to faith-based programs rather than prison. Such a course of action, according to the author,...more

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