Accused Dental Supply Manufacturers Argue Antitrust Suit Belongs In Arbitration
Friday, April 28, 2017
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On March 21, 2017, accused dental suppliers in an antitrust suit told the U.S. Fifth Circuit Court of Appeals that a Texas federal judge was wrong to override an arbitration agreement. The antitrust suit involves a dental supply manufacturer as a plaintiff. It accused six others of unfairly pushing it out of the market. U.S. District Judge Rodney Gilstrap overturned a magistrate's decision to send the case to arbitration. But the six suppliers argued that the district court judge improperly relied on unspecified injunctive relief which is only a minor part of the case.
Does the Case Belong in Court?The plaintiff, Archer and White Sales, Inc. (Archer), first filed its suit against Henry Schein Inc., the Danaher Corp., Instrumentarium Dental Inc., Dental Equipment LLC, Kavo Dental Technologies and Dental Imaging Technologies Corp. in August 2012. Most of these are names that any dentists would recognize.The magistrate had ruled that because the case involves more than just a request for injunctive relief, it should be referred to arbitration and the arbitrator should decide whether the case belongs in court. The agreement between the two parties does incorporate the American Arbitration Association’s (AAA) rules, which state that arbitrators have the right to decide questions of arbitrability. To read the brief from this case in full, click here. Click here to visit our website and learn more about the specifics of arbitration. To read one of my prior blogs involving cases of arbitration, click here. Contact Experienced Health Law Attorneys in the Representation of Dentists and Other Health Professionals.The Health Law Firm routinely represents dentists, dental technicians, pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing dentists and dental hygienists and other health professionals in investigations and at Board of dentistry hearings and other legal matters. Call now or visit our website www.TheHealthLawFirm.com.To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com
Sources:Kass, Dani. “Dental Supply Cos. Say Antitrust Suit Belongs In Arbitration.” Law360. (March 21, 2017). Web.Kass, Dani. “Dentists Say Small Supplier Joined Price-Fixing Conspiracy.” Law360. (February 17, 2017). Web.About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.KeyWords: Legal representation in antitrust suits, legal representation ofr dentists, antitrust defense attorney, legal representation for alternative dispute resolution proceedings, legal counsel for informal mediations and formal mediations, complex litigation attorney, lawyer in complex health litigation, legal representation for arbitration, legal counsel for dentists, American Arbitration Association (AAA), arbitration defense attorney, legal representation for judicial arbitration, legal representation in federal cases, health care facility arbitration defense attorney, dental law attorney, health care professional arbitration defense attorney, health law defense attorney, The Health Law Firm reviews, reviews of The Health Law Firm“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.Copyright © 2017 The Health Law Firm. All rights reserved.
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