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DLA Piper: Binding Arbitration in Managed Care Contracts - 6 Tips to Tailor Your Dispute Resolution Provisions

By Stephen L. Goff and John Barnes 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 providers and managed care payers, in terms...

New Supplementary Rules for Fixed Time and Cost Construction Arbitration Have Been Developed by the American Arbitration Association

By Dylan B. Spadaccino, Esq. Arbitration has historically been the preferred method for resolving construction disputes in the United States, as many in the industry have (1) preferred the idea of having complex construction disputes decided by someone with construction-specific experience and...

To Require Arbitration or Not To Require Arbitration

Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one...

Appellate Division Holds That Trial Court Had the Right To Decide If Foreclosure-Related Dispute Was Arbitrable, But Decided It Wrong

By Peter J. Gallagher ( @pjsgallagher ) Most of the current litigation over foreclosures has played out in the courts, but a recent decision from the Appellate Division, Banquez v. Deutsche Bank National Trust Company, [ enhanced version available to lexis.com subscribers ], involved a foreclosure...

Florida: Arbitration Clause in Employment Contract Binding in Former Employee’s Retaliatory Discharge Claim

An employment agreement that required arbitration of all employment disputes between a staffing company and a truck driver did not violate public policy by requiring that the driver’s claim of retaliatory discharge be submitted to arbitration, rather than be determined by a court, held a Florida...

Construction Law 2014: A Year in Review – RESCHEDULED DUE TO WEATHER

Due to the weather for Thursday, March 5, 2015, Babst Calland’s Construction Law 2014: The Year in Review seminar has been rescheduled and will now be held on Wednesday, March 25, 2015. We apologize for any inconvenience this may cause you, and we hope that you will be able to join us on this new...

California Official Medical Fee Schedule: Another Death of the Extraordinary Circumstances Exception Post-2004

Another WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Garcia v. E Recycling of California, Zurich North America , 2015 Cal. Wrk. Comp. P.D. LEXIS –-, a WCAB panel rescinded the WCJ’s finding that the lien claimant Western Medical Center...

The Anatomy of a Construction Dispute Stage 3- The Last Straw

Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim , and how to bring heat short of litigation/arbitration . As promised, this week I’ll be discussing the next step or “last...

New Rapid Arbitration Available in Delaware

New legislation was recently passed in Delaware to provide a procedure for expedited arbitration of business disputes. The key features of the new law, called the Delaware Rapid Arbitration Act, include: • T he decision of the arbitrator must be made within 120 days • Appeals are made...

Anatomy of a Construction Dispute- An Alternative

Over the past three weeks, I’ve discussed three “stages” of a construction dispute from the claim , to how to increase the pressure for payment, to the litigation . While these three steps are all too often necessary tools in your construction collection arsenal, they are expensive...

Anatomy of a Construction Dispute- A Wrap Up

Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting. Because of the great feedback...

The Innovative Online Arbitration Evaluation Tool: CaseXplorer Arbitration

This article describes the new online arbitration case evaluation tool, CaseXplorer® Arbitration™. It covers the value of a mock arbitration process and the cost and time savings that this new, online process brings to lawyers and their clients. CaseXplorer® Arbitration™ is a collaboration...

The Innovative Online Arbitration Evaluation Tool: CaseXplorer Arbitration

This article describes the new online arbitration case evaluation tool, CaseXplorer® Arbitration™. It covers the value of a mock arbitration process and the cost and time savings that this new, online process brings to lawyers and their clients. CaseXplorer® Arbitration™ is a collaboration...

Arbitration...Be Careful What You Ask For

Employers are embracing binding arbitration as the preferred choice for resolving work place disputes with employees and thus avoiding state or federal court. One survey indicated that in 2014, employers use of arbitration to prevent class action claims rose to 43% from 16% in 2012 notwithstanding the...

When is Mediation Appropriate for Your Construction Case?

Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation...

More Musings From the Mediation Trenches

As those that read this construction blog on a regular basis know, I became a Virginia Supreme Court certified mediator a few years ago. I did so because I believe that mediation as a form of alternate dispute resolution is in most cases a much better alternative to resolve a construction dispute than...

A Horse is a Horse, of Course – A Horse is Not “Mobile Equipment”

As Mr. Ed once said, cogently, “a horse is a horse, of course,” and it is nothing more. Although insurance terms and conditions can be interpreted to cover a multiple of sins, it cannot change the obvious. FACTS In the fall of 2006, a taxi insured by the petitioner was involved in a...

Are Mandatory Employment Arbitration Agreements About to Be History in California?

This may be the case. California's Legislature has passed a bill ( AB 465 ) to ban employers from requiring applicants and employees to agree to arbitrate employment disputes as a condition of employment or continued employment. That bill is now headed to the Governor's desk to sign or veto....

Recent Revisions to AAA Rules

By Brett Saunders Think about the last major construction project you or your company was involved in. Chances are, that project was being performed under a contract that contained an arbitration clause. These clauses require disputes to be resolved through binding arbitration, instead of traditional...

When Is Mandatory Arbitration Not Mandatory?

I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia . A recent Charlottesville, Virginia Circuit Court case, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis...

Alert: AAA Construction Industry Rules Update

The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are: • A mediation step for all cases with claims of $100,000 or more (subject to the ability of...

Important Changes to the AAA Construction Industry Mediation and Arbitration Rules

By W. Alexander Burnett , Partner, Williams Mullen Introduction The American Arbitration Association (“AAA”) is one of the primary providers of alternative dispute resolution, such as mediation and arbitration, in the United States. Many construction contracts call for disputes to be...

Mediation in the Zero Sum World of Construction

Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer , have reviewed and edited a subcontract presented to you or provided a well drafted contract to the other party that contains an attorney fees provision ...

Split High Court: California Appeals Court Must Enforce Arbitration Agreement

WASHINGTON, D.C. — (Mealey’s) A California appellate panel erred when it refused to enforce an arbitration clause contained in a cable provider’s customer agreement, a divided U.S. Supreme Court ruled this morning, finding that the appellate panel’s interpretation was preempted...

Virginia: Arbitrator’s Award of Lien Reimbursement to Comp Insurer Need Not Be Shared With Injured Worker

Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds with the injured worker on a pro rata basis;...