SUTTER v. OXFORD HEALTH PLANS LLC

No. 11-1773.

675 F.3d 215 (2012)

John Ivan SUTTER, M.D. v. OXFORD HEALTH PLANS LLC, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: April 3, 2012.


Attorney(s) appearing for the Case

Marc De Leeuw, Esq. , Sullivan & Cromwell, New York, NY, P. Christine Deruelle, Esq. , [ARGUED], Edward Soto, Esq. , Weil, Gotshal & Manges, Miami, FL, Adam N. Saravay, Esq. , McCarter & English, Newark, NJ, for Appellants.

Eric D. Katz, Esq. , [ARGUED], Mazie, Slater, Katz & Freeman, Roseland, NJ, for Appellee.

Before: FUENTES, CHAGARES, Circuit Judges, and POGUE, Judge.


OPINION OF THE COURT

FUENTES, Circuit Judge:

Oxford Health Plans, LLC, and Dr. Ivan Sutter are parties to a Primary Care Physician Agreement, drafted by Oxford, which contains a broad arbitration clause. Neither the arbitration clause nor any other provision of the agreement makes express reference to class arbitration. Nevertheless, when a dispute arose regarding Oxford's alleged failure to make prompt and accurate reimbursement payments to participating...

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