Binding Arbitration

News & Analysis as of

Arbitration of Nursing Home Suits: Take Two

Quasi Tort Reform in Nursing Home Litigation Is on the Way! Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend peaked following the...more

New Jersey Appellate Division Holds that Mandatory Arbitration Provisions Contained in Employee Handbooks are Unenforceable

New Jersey employers’ mandatory arbitration policies are likely to be found unenforceable when contained in an employee handbook, the New Jersey Appellate Division recently ruled. In C.M. v. Maiden Re Insurance Services, LLC,...more

CMS Issues Proposed Rule Significantly Modifying the Requirements for Long-Term Care Facilities Participating in the Medicare and...

On July 16, 2015, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule comprehensively updating and extensively revising the requirements for participation for long term care (“LTC”) facilities...more

Practical guidance on drafting and negotiating commodities contracts: Focus on Chinese counterparties with emphasis on successful...

It is inevitable that some commodity trades end in dispute, particularly in current markets where prices are generally low and have been falling. This may happen in any jurisdiction, although this article focuses on China and...more

NJ Appellate Court Offers New Guidance on Employee Arbitration Agreements

Earlier this month, the New Jersey Appellate Division ruled that employee arbitration agreements, to be enforceable, must contain a “clear and unmistakable” waiver of an employee’s right to a trial in court. In Milloul v....more

Federal Law Must Govern Arbitrability Of Employment Dispute, Notwithstanding Choice Of State Law In Employment Agreement

The Ninth Circuit held that an arbitration agreement between Opus Bank and its former executive vice president Carey Brennan should be interpreted under federal, not state, law unless the parties unambiguously agreed...more

Tensions Mount as Labor Strike Looms

Tensions between Governor Bruce Rauner’s office and the American Federation of State, County, and Municipal Employees are reaching a boiling point. Neither side has been able negotiate a satisfactory labor contract that would...more

Whistleblower Cases are Custom Tailored for ADR

Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as...more

New CMS Proposed Rule Revises Long-Term Care Facility Requirements for Medicare and Medicaid Program Participation

On July 13, 2015, the Centers for Medicare & Medicaid (CMS) issued a long-awaited proposed rule (Proposed Rule) that would revise the requirements that long-term care (LTC) facilities must meet to participate in the Medicare...more

Arbitration Programs and Enforcement: Top 10 Checklist

(...) Saving Money – The Proof is in the Empirical Data - A recent national study concluded that arbitration awards are approximately 35% lower than recoveries in the court systems. Moreover, attorney’s fees for defending...more

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

Binding arbitration in managed care contracts - 6 tips to tailor your dispute resolution provisions

The Affordable Care Act is moving millions of previously uninsured patients into commercial managed care health plans. As the healthcare system grapples with complexity of this shift, the size of disputes between healthcare...more

Court Lacks Jurisdiction To Hear Motion To Vacate Arbitration Decision That Denied Withdrawal Of Arbitrable Claim

A federal district court has dismissed a motion to vacate an arbitration decision denying a party’s request to unilaterally withdraw a claim that was subject to a pending arbitration. Finding the arbitration decision was not...more

Arbitration: coming to store near you?

The food industry may be catching on to the growing trend of binding arbitration agreements. General Mills recently added a binding arbitration provision to the legal terms on its website, then withdrew the changes a few days...more

Business Litigation Alert: "Did They Really Do That?"

General Mills Reverses Binding Arbitration for Facebook Fans - General Mills recently made headlines for its attempt to bind consumers to an arbitration agreement if they “liked” the company’s Facebook page, downloaded...more

Weekly Law Resume: Civil Procedure – Stipulated High/Low Arbitration Binding as Contractual Term

Elsie Horath v. John Hess - Court Of Appeal, Fourth District (April 10, 2014) - Parties sometimes stipulate to high end/low end figures for arbitration, in an attempt to resolve a case that might not otherwise...more

Washington Insurance Law - 2013 Year in Review

2013 was a particularly eventful year in Washington insurance law. This paper summarizes the holdings of several notable Washington insurance decisions that were filed in 2013. Bad Faith - Attorney-Client...more

Commercial Arbitration: Guidance from Canadian, US, UK and Australian Appellate Courts

Back in March, I wrote in this space that the Supreme Court of Canada had decided to hear a commercial arbitration case from British Columbia....more

If “Grave Error” Is Not Enough To Vacate An Arbitrator’s Decision, What Is?

The recent Sutter decision drives home repeatedly that a court may not vacate an arbitrator’s decision under the FAA just because a judge thinks the arbitrator reached the wrong result. ...more

Pew Report on Checking Account 'Best Practices' Draws Questionable Conclusions

The Pew Charitable Trusts has released a report on the safety and transparency of checking accounts. The study questions whether banks are sufficiently engaged in what Pew deems "best practices" and concludes that the...more

Washington Supreme Court: FAA Does Not Preempt State Law Prohibiting Arbitration Agreements in Insurance Contracts

The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration agreements in insurance contracts....more

Washington Supreme Court Declares that Binding Arbitration Provisions in Insurance Policies are Unenforceable

In State, Dept. of Transp. v. James River Ins. Co., — P.3d — , 2013 WL 174111 (Wash. January 17, 2013), an en banc panel of the Washington Supreme Court unanimously declared that binding arbitration provisions in insurance...more

Binding Arbitration Agreements in Insurance Contracts are Void in Washington

In Washington State Department of Transportation v. James River Insurance Company, Wash. No. 87644-4 (January 17, 2013), the Washington Supreme Court declared binding arbitration agreements in insurance contracts void and...more

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