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Oregon Initiates Program to Encourage Mediation in Malpractice Cases
7/14/2014 5:27:16 PM
Description: The Early Discussion and Resolution Program has officially launched in Oregon.  The program, personally led by Governor John Kitzhaber, is the result of negotiations between trial lawyers in the state and the Oregon Medical Association, and is

Why Personal Injury Attorneys Despise Arbitration
2/18/2013 10:36:46 AM
Description:   A group of personal injury attorneys called The Consumer Attorneys of California has made no attempt to hide its distaste for arbitration agreements, calling them "viruses,” that are "hard to spot, but spreading fast."  However,

Some Major Points about Minor's Claims
7/2/2012 5:46:04 PM
Description: Some Major Points about Minor’s Claims   By Jon Starr   In this not so perfect world, minors (persons who are under the age of eighteen and who have not been emancipated) sustain injuries and become beneficiaries of wrongful

West Virginia's Nursing Home Arbitration Hearing Gets Passed Down
6/9/2012 4:38:49 PM
Description: On June 6th, 2012, there was an arbitration hearing on the case of Jeffrey Taylor, Sharon Marchio, and Clayton Brown versus the Marmet Health Care Center, Clarksburg Continuous Care Center, and Clarksburg Nursing Home & Rehabilitation Center.

Lack of Exceptions in Federal Arbitration Act Upheld in Marmet v. Brown
2/24/2012 10:35:50 AM
Description: The recent decision by the U.S. Supreme Court in Marmet Health Care, Inc. vs. Brown is the fourth decision the Supreme Court has made to illustrate that the Federal Arbitration Act trumps state laws regarding the enforceability of mandatory

WARTHEN v. HIGH POINT — Were Arbitration Attorney Fees Misawarded?
1/26/2012 10:24:34 AM
Description: In the recent Warthen v. High Point Insurance Company arbitration, attorney fees were sent to the wrong law firm, according to the apellant, Shanta Warthen (by Phoenix Physical Medicine). At issue in this statement was that the apellant's attorney,

New Jersey Seeks to Cut Medical Arbitration Fees
8/4/2011 9:23:38 AM
Description: Medical arbitration fees have become a contentious issue in New Jersey, where an overhaul of the state's personal injury protection system would change the method by which arbitration panels award attorney's fees to lawyers who represent people

West Virginia Supreme Court Takes Issue with Federal Arbitration Act
7/11/2011 7:24:06 AM
Description: The Federal Arbitration Act has been criticized by the West Virginia Supreme Court in three separate cases this month.  According to the majority opinion in the last of these cases, "Congress did not intend for arbitration agreements, adopted

Can a Party Still Sue After Binding Arbitration?
3/16/2011 1:35:42 PM
Description: Can a Party Still Sue After Binding Arbitration?   When parties agree to binding arbitration they need to realize what that actually means.  Arbitration can be non-binding or binding depending on what the parties agreed upon.  Both

The Right Case for Personal Injury Arbitration
1/21/2011 4:26:18 PM
Description: Personal injury arbitration is something that everyone should become familiar with in the event of a serious or even mild injury -- after all, your health is never anything to take lightly. What if you are injured and things aren't looking your way