Swedloff on Regulating Algorithmic Insurance
April 12, 2019

Rick Swedloff (Rutgers Law School) has posted Regulating Algorithmic Insurance on SSRN.  Here is the abstract: This article addresses emerging gaps in consumer protection. As is true in other industries, insurers are revolutionizing their practices with artificial intelligence and big data. Insurers are finding new ways to price risks and policies, tailor coverage, offer advice to purchasers, identify fraud, and sequence the payment of claims. Regulators are struggling to keep...

Fifth Circuit Once Again Reverses Order Compelling Arbitration in Wind Energy Dispute
April 11, 2019

The United States Court of Appeals for the Fifth Circuit has once again overturned a district court’s order compelling arbitration in a Texas wind energy case.  In Papalote Creek II, L.L.C. v. Lower Colorado River Authority, No. 17-50852 (5th Cir., March 15, 2019), the Lower Colorado River Authority (“LCRA”) entered into an agreement to purchase wind energy from Papalote Creek (“Papalote”).  The parties’ agreement limited the LCRA’s aggregate liability for failure...

Arbitration Nuts and Bolts: Federal Appellate Jurisdiction over Orders Compelling Arbitration and Staying Litigation
April 10, 2019

Sections 3 and 4 of the Federal Arbitration Act (the “FAA”) provide remedies for a party who is aggrieved by another...

UT Law: 41st Annual Corporate Counsel Institute
April 9, 2019

The 41st Annual Corporate Counsel Institute offers in-depth, practical discussions on legal issues for in-house counsel...

Infinite Arbitration Clauses
April 9, 2019

University of California, Davis School of Law Professor David Horton has published “Infinite Arbitration Clauses,” University of Pennsylvania Law Review, Vol. 168 (Forthcoming).  In his journal article, Professor Horton discusses how the court system handles broad arbitration provisions that may not be directly related to the underlying contract. The abstract states: For decades, the Supreme Court has expanded the Federal Arbitration Act...

Proposed Texas Legislation Aims to Prevent Surprise Medical Bills Through Mediation
April 8, 2019

The 86th Texas Legislature is considering a bi-partisan bill that would require health insurance companies to mediate any cost of service disputes with doctors and other medical providers prior to sending a bill for the difference to patients.  The proposed legislation would expand an existing balance bill mediation program that is currently administered by the Texas Department of Insurance (“TDI”). Senate Bill 1264, titled, “Relating to consumer protections against billing...

The Revision Bias
April 7, 2019

Things change. Things also get changed—often. Why? The obvious reason is that revising things makes them better. In the current...

Robot Mediator Settles First Ever Court Case
April 6, 2019

A ‘robot mediator’ has been used to settle a dispute in the court system, for what is believed to be the first time. The...

So Just How “Final” is a “Final Decision” that Allows an Appeal with Respect to an Arbitration?
April 5, 2019

In this week’s installment of Arbitration Nation, we’re going to look at when a “decision with respect to an arbitration” may be appealed.  9 U.S.C. § 16 provides part, but only part, of the answer.  The rule essentially establishes the right of a party losing a motion to compel arbitration in a federal court to appeal that decision immediately. In contrast, a party who has been compelled to arbitration cannot appeal that decision immediately unless she first secures...

Preventing Bad Settlement Decisions and Impasse: Using Brain Science, Game Theory, Animated Communication and Micro-Interventions
April 4, 2019

Faculty: Douglas Noll and Don Philbin Please note: This is a high level, advanced course for those engaged in the mediation...