No Class Arbitration Available In PBM Case

Author:Mr Russell Hirschhorn
Profession:Proskauer Rose LLP
 
FREE EXCERPT

The Eighth Circuit recently concluded that there was no contractual basis to conclude that a pharmacy benefit manager agreed to class arbitration with four pharmacies because the agreement did not use the word "class" or refer to class arbitration in any way. The Court also rejected the pharmacies' argument that there was "implicit authorization" for class arbitration because the pharmacies did not present any authority to support such a finding. The case is Catamaran Corp. v...

To continue reading

FREE SIGN UP