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Documents on alternative dispute resolution
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|FTC v. St. Luke's Health System, Ltd.: Ninth Circuit Holds that Acquisition of Physician Group Practice Violates Antitrust Laws, Requires Divestiture|
Peter M. Boyle, Christina E. Fahmy, Cybil Roehrenbeck Gregory; Kilpatrick Townsend Stockton LLP;
February 26, 2015, previously published on February 11, 2015 On February 10, 2015, the Ninth Circuit affirmed a district court ruling in favor of the Federal Trade Commission that the acquisition of an Idaho physician group practice by St. Luke’s Health System violated the antitrust laws, specifically Section 7 of the Clayton Act. Closely watched by...
|Missouri Court of Appeals Further Restricts Arbitration Agreements|
Andrew L. Metcalf, R. Lance Witcher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 23, 2015, previously published on January 27, 2015The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their arbitration agreements to determine whether they are still enforceable...
|California Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
February 23, 2015, previously published on January 30, 2015Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement or to other benefits and conditions of employment than if he or she had...
|Early Neutral Evaluation: An Additional Tool for Resolving Disputes|
Semmes Bowen Semmes A Professional Corporation;
February 23, 2015There are numerous methods available to avoid the time and expense of a trial before a judge or jury if the parties to a dispute wish to do so but are unable to resolve their differences by direct negotiation. Mediation and arbitration are two examples of such devices which can be very useful in...
|CAREFUL WHAT YOU WISH FOR: Court Affirms Award of Attorney’s Fees Based Upon Arbitration Rules|
Kevin C. Baltz; Butler Snow LLP;
February 23, 2015, previously published on January 29, 2015Most lawyers are fully aware of the “American Rule” - a generally universal rule of law (in the United States anyway) which provides that, absent specific authority granted by statute or a contractual agreement, a litigant is responsible for paying his or her own attorneys’ fees....
|New Dutch Arbitration Act|
Hans Urlus; Greenberg Traurig, LLP;
February 20, 2015, previously published on February 17, 2015On Jan 1, 2015, the revised Dutch Arbitration Act (Act) entered into force, replacing the 1986 version of the Act. The new Act is intended to make the Netherlands’ commercial arbitration procedures more attractive to international parties, as well as improve the national arbitration system by...
|No Right of Appeal from Trial Court’s Order Arising under APDRA as to PIP Claim|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
February 19, 2015, previously published on January 5, 2015A dispute arose between a chiropractic provider, Complete Care, and an automobile insurer, GEICO, over personal injury protection (“PIP”) benefits. The insured, Walter Jones, was injured in an auto accident in 2007 and treated by Complete Care. When GEICO stopped paying his bills, Jones...
|Increased International Arbitration in American ADR Venues|
Sally Fitch LLP;
February 18, 2015Arbitration and mediation of international commercial disputes takes place in a variety of venues, and the location is often determined by the commercial contract that has been brought into dispute. For offshore businesses that find themselves needing local counsel in the U.S., that likely means...
|International Chamber of Commerce Implements New Arbitration Rules|
Sally Fitch LLP;
February 18, 2015One of the key factors that most companies consider when doing business with foreign enterprises is the potential costs of resolving international commercial disputes. In most cases, that means looking at the comparative advantages of arbitration as opposed to business litigation in U.S. or foreign...
|International Arbitration: Appeals of Decisions in Foreign Courts|
Sally Fitch LLP;
February 18, 2015The advantages of arbitration for companies that transact business around the world are many: expedited resolutions, lower legal costs and knowing the playing field in advance are high among them. But businesses with international contractual relationships must always take into account that an...