A pharmacy benefit manager waived its right to compel arbitration because it litigated for 10 months before asking the district court to enforce the arbitration clause of its contract with the pharmacies for which it worked, the U.S. Court of Appeals for the Third Circuit ruled, reversing the district court.
The pharmacies had made various antitrust claims against the PBM, AdvancePCS, nearly 10 years ago. The case has been consolidated as part of a multidistrict litigation.
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