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Alternative Dispute Resolution (ADR) Health Constitutional Law

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

Supreme Court Reinforces the Primacy of the Federal Arbitration Act, Even Over a “Divine God-Given Right”

by Benesch on

Kentucky law speaks of the right to jury trial in theological terms. The Kentucky Constitution provides that “[t]he ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such...more

Do Arbitration Agreements Between Nursing Homes and Patients Violate Public Policy-- or Are They Enforceable Under the FAA?

by Pullman & Comley, LLC on

The Federal Arbitration Act (FAA) provides for enforcement of arbitration agreements in a “contract evidencing a transaction involving commerce” in the district court. A nursing home sought to enforce arbitration agreements...more

Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes

by Roetzel & Andress on

The United States District Court for the Northern District of Mississippi issued a preliminary injunction barring the scheduled November 28, 2016, implementation of a Center for Medicare and Medicaid Services (“CMS”)...more

Management Update - April 2008

by FordHarrison on

IN THIS ISSUE: U.S. Supreme Court update............................. 1 Massachusetts law mandates treble damages for wage hour violations............................................ 2 Florida governor signs ?guns at...more

Alternative Sentencing Theory

by Thomas Asbury on

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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