OptumRx v. King's Drugs, Inc.
OptumRx petitioned a Hillsborough circuit court to compel several pharmacies to arbitrate in California under a Provider Agreement/Provider Manual governed by the FAA. The circuit court dismissed, holding that 9 U.S.C. § 4 empowers only federal district courts, that the California venue clause required filing there, that OptumRx was not a 'party aggrieved,' and that Damora barred a Florida court from ordering out-of-state arbitration. The Second District reversed on every ground and remanded for a merits ruling on the petitions.
Key facts
- OptumRx petitioned Hillsborough circuit court to compel several pharmacies to arbitrate disputes under a Provider Agreement/Provider Manual governed by the Federal Arbitration Act, with the arbitration venue specified in California.
- The circuit court dismissed on multiple grounds, including that FAA § 4 limited petitions to compel to federal district courts only, that the California venue clause required filing there, that OptumRx lacked standing as a 'party aggrieved,' and that Damora precedent barred Florida courts from ordering out-of-state arbitration.
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Why it matters
This is a meaningful clarification for any practitioner litigating arbitration in Florida state court: it squarely rejects the argument that FAA § 4 confines petitions to compel to federal court, and it holds that… — full analysis with a trial
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