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Leading the News: DC Circuit Allows Commissioner to Intervene in Award Proceeding A federal appeals court has ruled that a state securities commissioner may intervene in a proceeding brought to confirm a stipulated securities arbitration award where the stipulation included the claimant's agreement to the expungement of her claim against the broker from records maintained in the Financial Industry Regulatory Authority's (FINRA). N.C. Senate Votes For Mediation of Government Records Disputes The North Carolina Senate earlier this week unanimously approved legislation that would establish a state office dedicated to mediating conflicts between citizens and state agencies over requests for government records, including open government meeting disputes. Supreme Court Urged to Reject Waivers of Statutory Claims in CBAs The U.S. Supreme Court is being urged to rule that a waiver of statutory rights in a collective bargaining agreement negotiated by a union is unenforceable against employees' claims, even where the waiver is clear and unmistakable. State Court Vacates Award Based on Nondisclosure of Past Censure A California appeals court ruled last week that an arbitration award in a medical malpractice case involving a woman's plastic surgery had to be vacated because the third arbitrator failed to disclose that he had been censured by the California Supreme Court for disparaging women based on their appearance. New Hampshire Creates Business Court Docket with ADR Option New Hampshire Gov. John Lynch (D) has signed legislation creating a specialized court docket for business and commercial disputes, which will have the responsibility making referrals to alternative dispute resolution.
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