General Business Alternative Dispute Resolution (ADR) Health

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JAMS Dispute Resolution Alert, Summer 2014

In This Issue: - Experts Predict ADR Will Help Resolve Affordable Care Act Claims - ADR News & Case Updates - Domestic Focus ..Supreme Court Ruling Expands Whistleblower Protections - Good...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

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

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...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

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

Shorts on Long Term Care April 2013

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

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

California Supreme Court To Tackle Arbitration, Foreclosures and Peer Review in Upcoming Oral Arguments

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

Mediating Non-Compete Disputes in the Medical Device Industry

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

U.S. Supreme Court Considers Arbitration Clauses and Class Actions Next Year

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

Broemmer v. Abortion Services of Phoenix, Ltd. - Arizona’s Curious Contribution to the Law of Contractual Arbitration By Barry D....

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

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

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

Reinsurance Redux - August 2012

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

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

Shorts on Long Term Care March 2012

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

Health Law Alert: Supreme Court Endorses Nursing Home’s Use of Pre-Dispute Arbitration Agreement

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

New Obstacles To Arbitration

It is common practice in long term care and other health care facilities for a resident or a resident’s family member to sign an arbitration agreement upon admission. Such agreements require the resident to arbitrate any...more

Healthcare Facility Construction Project: A Post-mortem

A recent Illinois appellate case arising from a healthcare facility project, Doornbos Heating and Air Conditioning, Inc.,1 highlights challenges that are common to most construction projects, and healthcare construction in...more

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