US Supreme Court Allows Class-Arbitration for Physicians: Agrees with Arguments Advanced by MSNJ and AMA

On June 10, the United States Supreme Court found that the Oxford participation agreement’s arbitration clause allowed payment disputes to be pursued by physicians as a class. Over a decade ago Oxford had compelled  Dr. John Sutter, a New Jersey pediatrician, to arbitrate his payment disputes, but challenged his right to arbitrate the disputes with other physicians similarly situated as a class. The arbitrator ruled that a class arbitration was appropriate as did each court that reviewed the matter. Undeterred, Oxford took the case all the way to the US Supreme Court. MSNJ and the AMA filed friends-of-the-court briefs supporting the physicians’ right to class arbitration.  Now, the highest court in the land has agreed.

This is an example of success by MSNJ’s legal advocacy program.


About MSNJ

Founded in 1766, the Medical Society of New Jersey is the oldest professional society in the United States. The organization and its dues-paying members are dedicated to a healthy New Jersey, working to ensure the sanctity of the physician–patient relationship. In representing all medical disciplines, MSNJ advocates for the rights of patients and physicians alike, for the delivery of the highest quality medical care. This allows response to the patients’ individual, varied needs, in an ethical and compassionate environment, in order to create a healthy Garden State and healthy citizens.

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