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2nd DCAApril 17, 2024Reversed and Remanded🔬 Novel Issue

OptumRx v. King's Drugs, Inc.

Case No. 2D2023-0096

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. \u00a7 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.

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