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Arbitration
Property Tax Arbitrations – Texas Comptroller Data
November 7, 2016
Here is how arbitrators on the Texas Comptroller's arbitration roster ruled over the past decade: https://drive.google.com/file/d/0Bwfxgg6CajePNUZZREFJdUwwdG8/view?usp=sharing Here...
November 7, 2016
Here is how arbitrators on the Texas Comptroller's arbitration roster ruled over the past decade: https://drive.google.com/file/d/0Bwfxgg6CajePNUZZREFJdUwwdG8/view?usp=sharing Here...
Article on Implicit Consent in Propriety of Class, Mass & Collective Arbitration
November 4, 2016
S.I. Strong recently published an Article entitled, Implicit Consent and Unanticipated Risk in Class, Mass and Collective...
November 4, 2016
S.I. Strong recently published an Article entitled, Implicit Consent and Unanticipated Risk in Class, Mass and Collective...
Article on Institutional Approaches to Trust Arbitration
November 3, 2016
S.I. Strong recently published an Article entitled, Institutional Approaches to Trust Arbitration: Comparing the AAA, ACTEC, DIS, and ICC Mechanisms, Arbitration of Trust Disputes: Issues in National and International Law 99 (2016). Provided below is an abstract of the Article: Arbitration of internal trust disputes (meaning disputes involving trustees and beneficiaries and relating to the inner workings of the trust) has become increasingly common in recent years, both as a result of legislation...
November 3, 2016
S.I. Strong recently published an Article entitled, Institutional Approaches to Trust Arbitration: Comparing the AAA, ACTEC, DIS, and ICC Mechanisms, Arbitration of Trust Disputes: Issues in National and International Law 99 (2016). Provided below is an abstract of the Article: Arbitration of internal trust disputes (meaning disputes involving trustees and beneficiaries and relating to the inner workings of the trust) has become increasingly common in recent years, both as a result of legislation...
Equitable Estoppel Ropes Non-Signatories into Texas Arbitration
November 2, 2016
Claimant, John T. Hays, M.D. ("Hays"), is a cardiologist in Texas with over thirty years in medical practice. He began suffering from epilepsy and taking medication in 1998. Dr. Hays's seizures were well-controlled but "exacerbated by stress." In 2006, Hays's practice was purchased by Austin Heart, P.L.L.C. ("Austin Heart"), and Hays informed Austin Heart's managing director of his condition and requested a less demanding schedule. In 2009, Austin Heart and Capital Area Cardiology ("CAC") entered...
November 2, 2016
Claimant, John T. Hays, M.D. ("Hays"), is a cardiologist in Texas with over thirty years in medical practice. He began suffering from epilepsy and taking medication in 1998. Dr. Hays's seizures were well-controlled but "exacerbated by stress." In 2006, Hays's practice was purchased by Austin Heart, P.L.L.C. ("Austin Heart"), and Hays informed Austin Heart's managing director of his condition and requested a less demanding schedule. In 2009, Austin Heart and Capital Area Cardiology ("CAC") entered...
Your Stipulated Protective Order May Not Provide As Much Protection As You Expect
November 1, 2016
In a growing number of courts, a negotiated protective order entered for discovery purposes will not protect litigants’ confidential information from public disclosure. Stipulated protective orders are commonly used tools in complex litigation. These orders allow parties to designate material produced in discovery as confidential. But certain courts, most recently the Court of Appeals for the Sixth Circuit, have found that protective orders cannot be used as the sole basis to file that material...
November 1, 2016
In a growing number of courts, a negotiated protective order entered for discovery purposes will not protect litigants’ confidential information from public disclosure. Stipulated protective orders are commonly used tools in complex litigation. These orders allow parties to designate material produced in discovery as confidential. But certain courts, most recently the Court of Appeals for the Sixth Circuit, have found that protective orders cannot be used as the sole basis to file that material...
Louisiana Rejects Arbitration Clause In Contract Of Adhesion
October 31, 2016
The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC, __ So. 3d __, 2016 WL 6123820 (La. Oct. 19 2016); Alicea v. Activelaf, LLC, __ So. 3d __, 2016 6123859 (La. Oct. 19, 2016). [My alternate title for this post is “I TOLD YOU SO, SKY ZONE.” Every time I bring my children to the trampoline park for a birthday party,...
October 31, 2016
The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC, __ So. 3d __, 2016 WL 6123820 (La. Oct. 19 2016); Alicea v. Activelaf, LLC, __ So. 3d __, 2016 6123859 (La. Oct. 19, 2016). [My alternate title for this post is “I TOLD YOU SO, SKY ZONE.” Every time I bring my children to the trampoline park for a birthday party,...
With Internet Service Privacy Rules, FCC Tees Up Proposal to Limit Arbitration
October 28, 2016
Leading up to the meeting Thursday, advocates such as the watchdog group Public Knowledge pushed for the FCC to use the broadband privacy proposal as a vehicle for the agency to join the ranks of regulators that have already taken steps to stop companies from using mandatory arbitration agreements to prevent customers from filing class action lawsuits. The rules adopted Thursday did not address the issue, but in a nod to those advocates -- namely Democratic Commissioner Mignon Clyburn -- FCC Chairman...
October 28, 2016
Leading up to the meeting Thursday, advocates such as the watchdog group Public Knowledge pushed for the FCC to use the broadband privacy proposal as a vehicle for the agency to join the ranks of regulators that have already taken steps to stop companies from using mandatory arbitration agreements to prevent customers from filing class action lawsuits. The rules adopted Thursday did not address the issue, but in a nod to those advocates -- namely Democratic Commissioner Mignon Clyburn -- FCC Chairman...
Administration Joins Courts In Prohibiting Arbitration In Nursing Home Admissions
October 28, 2016
Within the U.S. Government, the CFPB has gotten most of the attention for trying to regulate consumer arbitration. But this month, the Centers for Medicare & Medicaid Services (CMS) are bumping the CFPB out of the arbitration regulation spotlight. In particular, the CMS issued a rule that will prohibit the use of pre-dispute arbitration agreements in most long term care facilities. On its blog, the CMS explains the change this way: The rule makes important changes to strengthen the rights...
October 28, 2016
Within the U.S. Government, the CFPB has gotten most of the attention for trying to regulate consumer arbitration. But this month, the Centers for Medicare & Medicaid Services (CMS) are bumping the CFPB out of the arbitration regulation spotlight. In particular, the CMS issued a rule that will prohibit the use of pre-dispute arbitration agreements in most long term care facilities. On its blog, the CMS explains the change this way: The rule makes important changes to strengthen the rights...
Composite Texas Comptroller Arbitration Results Involving Bexar Appraisal District
October 25, 2016
The Bexar Appraisal District (BAD) recently produced Texas Comptroller arbitration outcome data for the last decade. The raw data...
October 25, 2016
The Bexar Appraisal District (BAD) recently produced Texas Comptroller arbitration outcome data for the last decade. The raw data...
Commercial Comptroller Arbitration Results Involving Bexar Appraisal District
October 25, 2016
The Bexar Appraisal District (BAD) recently produced Texas Comptroller arbitration outcome data for the last decade. The raw data...
October 25, 2016
The Bexar Appraisal District (BAD) recently produced Texas Comptroller arbitration outcome data for the last decade. The raw data...
