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CHELSEA FAMILY PHARMACY, PLLC v. MEDCO HEALTH SOLUTIONS, INC.

No. 08-5103.

567 F.3d 1191 (2009)

CHELSEA FAMILY PHARMACY, PLLC, individually and on behalf all others similarly situated, Plaintiff-Appellee, v. MEDCO HEALTH SOLUTIONS, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 2009.

Attorney(s) appearing for the Case

Michael S. Lee, Howrey LLP (Mark Banner, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.; John D. Briggs and Michael G. Cowie, Howrey LLP, with him on the briefs), Salt Lake City, UT, for Defendant-Appellant.

Bradford D. Barron, Gibbon, Barron & Barron, P.C., (Bob L. Latham, Ken E. Wagner, Marcus N. Ratcliff, and Allison L. Thompson, Latham, Wagner, Steele & Lehman, P.C.; Richard D. Gibbon and Zachary T. Barron, Gibbon, Barron & Barron, P.C., with him on the briefs), Tulsa, OK, for Plaintiff-Appellee.

Before LUCERO, O'BRIEN, and GORSUCH, Circuit Judges.

LUCERO, Circuit Judge.

This case requires us to construe the scope of an arbitration clause in a commercial contract. Before doing so, we must determine whether two factually distinct injuries pleaded in the same causes of action in a complaint constitute distinct "controversies or claims" whose arbitrability may be separately evaluated. We conclude that they do and hold that the complaint at issue includes two "controversies...

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