Court Rejects “Plaintiffs’ Attempt To Plead Around An Arbitration Clause”

Dave Reif’s ADR Highlights discusses the Western District of Washington’s decision in BioOrigyn, LLC. v. Fairhaven Health, Inc., 2021 U.S. Dist. LEXIS 104803 (W.D. Wash. June 3, 2021), in which the court rejected a party’s attempt “to avoid arbitration by ‘dropping’ certain … contract claims.” As the article explains, the court held that it would “not ignore the express language of the complaint simply because Plaintiffs request to drop the claim here.  Whether Plaintiffs continue to pursue this claim or not, the claim is subject to the 2015 Likeness Agreement’s arbitration provision and must be sent to arbitration.’”