Medical Providers Can't Arbitrate PPO Fight: 5th Circ.

Law360, New York (March 22, 2010, 7:42 PM EDT) -- A federal appeals court has affirmed that health care providers waived their right to force arbitration in a contract spat with C.C.N. Managed Care Inc. because they already sued the preferred provider organization in a Louisiana state court.

The U.S. Court of Appeals for the Fifth Circuit affirmed on Thursday a lower court's judgment that the medical providers, including the Southwestern Louisiana Hospital Association, had relinquished their right to compel arbitration.

According to the Fifth Circuit, the providers' "invocation of the judicial process" in seeking to...
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