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173501P.pdf 01/10/2020 Catamaran Corporation v. Towncrest Pharmacy
U.S. Court of Appeals Case No: 17-3501
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Shepherd, Author, with Loken and Stras, Circuit Judges]
Civil Case - Arbitration. For extensive history of case see Catamaran
Corp. v. Towncrest Pharmacy, 864 F.3d 966 (8th Cir. 2017. Following remand
for the district court to consider whether a contractual basis for class
arbitration exists in the agreement of the parties, the district court
found there was no such contractual basis. Under recent Supreme Court
precedent, there must be an affirmative contractual basis; silence
regarding class arbitration indicates prohibition. Agreements to refer all
the pharmacies as a single entity does not support the conclusion that the
parties intended class arbitration and the intent was not so evident from
the terms of the written agreements. Thus, there is no contractual basis
to conclude the parties implicitly authorized class arbitration.