June 15, 2008

Supporters of litigation over arbitration are sure keeping up the drumbeat in Congress, holding yet another hearing on legislation to vitiate predispute arbitration clauses in long-term care contracts. From the official hearing notice:

NOTICE OF JOINT SUBCOMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a joint hearing before the Subcommittee on Antitrust, Competition and Consumer Rights and the Special Committee on Aging on "S. 2838, the Fairness in Nursing Home Arbitration Act" for Wednesday, June 18, 2008 at 10:30 a.m. in Room 226 of the Senate Dirksen Office Building.
Chairman Kohl will preside.

Sen. Kohl (D-WI) is chief sponsor of S. 2838. Included in the witness list is University of Kansas Law Professor Stephen J. Ware, who has written several books on arbitration.

In other arbitration news, the American Association for Justice on Friday higlighted the ruling in Woebse v. Health Care & Ret. Corp. of Am., 977 So. 2d 630 (Fla. 2d Dist. App. 2008). AAJ describes the ruling: "Florida court holds compulsory arbitration is unwarranted when arbitration agreement is substantively and procedurally unconscionable."