Court Expresses Displeasure With Attorneys, While Addressing Arbitrability

In Prescription Care Pharmacy, LLC v. Optumrx, Inc. a California Court of Appeal had this to say at the outset of its opinion: “This appeal presents for our review an example of what can happen when over-lawyering muddles a simple concept into opaque and sometimes inconsistent language. If the parties wish to arbitrate a dispute, their agreement should say so in plain language. Here, the parties’ contract created an overly complex alternative dispute resolution procedure which resulted in more litigation, not less.”

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