ABC News reported that Tracy Barker, former employee of Halliburton/ KBR has won a $2.93 million arbitration award. Ms. Barker claims that she was sexually assaulted by a U.S. State Department employee in Iraq in 2005. Read more about this case here, here, and here. Technorati Tags: arbitration, ADR, law, addthis_url = ‘http%3A%2F%2Fwww.karlbayer.com%2Fblog%2F%3Fp%3D6563′; addthis_title = [...]
By Holly Hayes As noted in a previous post (available here) Texas House Bill 2256, signed into law on June 19, 2009, provides a procedure for mediation of out-of-network health benefit claim disputes. The law gives patients the option to mediate when they are ‘balance-billed’ by their insurance company for services provided by out-of-network facility-based [...]
Continue reading about H.R. 3962: U.S. House Health Care Bill Addresses ‘Balance Billing’
As the United States Court of Appeals for the Fifth Circuit decides more “manifest disregard” of the law cases, we thought that you might be interested in reading our guest-post published at the Loree Reinsurance and Arbitration Law Forum earlier this year. Check it out! Hall Street Meets S. Maestri Place: What Standards of Review [...]
In United Forming, Inc. v. Faulknerusa, LP, No. 09-50073 (5th Cir. Oct. 27, 2009), FaulknerUSA, LP (Faulkner) is the general contractor at a construction project; United Forming, Inc. (United) is a sub-contractor; and Continental Casualty, Co. (Continental) is the surety of their agreement. After a dispute over United’s work, the parties submitted their claims to [...]
The ABA Section of Dispute Resolution is seeking three-minute original videos on the topic of mediation. The contest is open to everyone. Videos may be submitted between November 12, 2009 and January 15, 2010. Incomplete submissions will be disqualified. To be considered a complete submission the Contest Entry Form and an ABA Release Form for [...]
Continue reading about ABA Section of Dispute Resolution: Mediation Video Contest on YouTube
Earlier this year, the ADR section of the State Bar of Texas organized a mediation workshop in Houston, Texas. The participants discussed the following questions: What does the Mediation Table look like in 2009 compared to 1989? How Do Experienced Mediators Facilitate Distributive Bargaining? How Do Experienced Mediators Facilitate Integrative Bargaining? How Do Experienced Mediators [...]
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by Holly Hayes In September, President Obama authorized the Department of Health and Human Services (HHS) to allocate $25 million for medical liability reform pilot projects. Grant proposals may be submitted beginning December 20 and are due by January 20, 2010. Additional details on the grant application process are available at American Medical News. The [...]
Continue reading about Deadline Set for Application for Medical Liability Reform Grants
Karl Bayer and I were discussing the latest bill tracking report for the Arbitration Fairness Act of 2009. This act would ban mandatory pre-dispute arbitration in employment, consumer, and franchise contracts. (House version: H.R. 1020 and Status; Senate version: S. 931 and Status). The House version of the bill has been very active, now with [...]
Continue reading about Arbitration Fairness Act of 2009 – H.R. 1020 Gaining Momentum?
The Supreme Court of Texas held that an agreement to arbitrate discrimination claims between an employee and a staffing agency hired by the employer survives the dissolution of the contract between the staffing agency and employer. In the present case, In re Polymerica, __S.W.3d __ (Tex. 2009) (No. 08-1064), Polymerica, L.L.C. d.b.a Global Enterprises, Inc. [...]
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American Review of International Arbitration Article | Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties’
Alan Scott Rau, Professor at The University of Texas School of Law and contributor to this blog, wrote recently an excellent article entitled Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties,’ American Review of International Arbitration, Fall 2009. We invite you to check out Professor Rau’s well-known skillful writing on the evolving [...]
Continue reading about American Review of International Arbitration Article | Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties’