BALTIMORE--A federal judge has dismissed the antitrust suit filed in July in U.S. District Court here by the Maryland Optometric Association (MOA) against Davis Vision and CareFirst, but the 350-member MOA now plans to pursue the issue through arbitration, as specified in its members’ contracts with Davis and CareFirst.

Association president Michael Sless, OD, of Hereford Eyecare Associates in Hereford, Md., said the MOA board voted last week to continue to press their claims in an arbitration hearing. No date has been set for the arbitration.

In his ruling, Judge William D. Quarles, Jr., granted motions by Davis and CareFirst to dismiss the suit because the court did not have jurisdiction in the case, since “MOA’s claims are subject to arbitration.”

The MOA suit had charged that by forcing independent providers to sell Davis products and to use its laboratory services, association members were prevented “from manufacturing and/or selling prescription eyeglasses and related products to members of vision plans in the relevant area including defendants’ vision plans.”