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Documents on alternative dispute resolution

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HTMLFTC 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;
Legal Alert/Article
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...


HTMLEarly Neutral Evaluation: An Additional Tool for Resolving Disputes
Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
February 23, 2015
There 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...


HTMLCAREFUL WHAT YOU WISH FOR: Court Affirms Award of Attorney’s Fees Based Upon Arbitration Rules
Kevin C. Baltz; Butler Snow LLP;
Legal Alert/Article
February 23, 2015, previously published on January 29, 2015
Most 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....


HTMLMissouri Court of Appeals Further Restricts Arbitration Agreements
Andrew L. Metcalf, R. Lance Witcher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 27, 2015
The 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...


HTMLCalifornia Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Richey 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...


HTMLNew Dutch Arbitration Act
Hans Urlus; Greenberg Traurig, LLP;
Legal Alert/Article
February 20, 2015, previously published on February 17, 2015
On 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...


HTMLNo Right of Appeal from Trial Court’s Order Arising under APDRA as to PIP Claim
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on January 5, 2015
A 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...


HTMLInternational Chamber of Commerce Implements New Arbitration Rules
Sally Fitch LLP;
Legal Alert/Article
February 18, 2015
One 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...


HTMLCIETAC Dispute Leads to Suspension of Chinese Arbitration Venues
Sally Fitch LLP;
Legal Alert/Article
February 18, 2015
One of the primary services provided by international arbitration attorneys is helping business clients choose the proper venue for possible future disputes over contracts or other legal issues. Depending on a client's business aspirations and various factors unique to alternative dispute...


HTMLThe Evolution of Commercial Court Practice on Reimbursement of Legal Fees
Roman Zaitsev; Dentons Canada LLP;
Legal Alert/Article
February 18, 2015, previously published on November 14, 2014
The Russian Constitution guarantees unlimited judicial protection of rights and liberties to all. In reality, however, when forced to seek judicial protection even those who win their case do not always end up in the position they would have been if the violation of their rights had not taken...


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