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.”
January 2005
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