Legal Opinion

BriovaRx, LLC v. Transcript Pharmacy, Inc.

Court of Appeals of Mississippi

Decided May 5, 2015No. 2013-CA-01158-COAPublishedCited by 5 opinions

1Opinion of the Court

MAXWELL, J.,

for the Court:

¶ 1. The circuit court denied Brio-vaRX’s motion to compel arbitration because BriovaRX was not a party to the arbitration agreement it sought to enforce. But in Mississippi, a non-signatory can enforce an arbitration agreement when the non-signatory maintained a close legal relationship with the signatory to the agreement and the plaintiff has alleged “substantially interdependent and concerted misconduct” between the non-signatory and signatory. 1 Here, both conditions were met. BriovaRX is a subsidiary of Catamaran Corporation, which had entered into an agreement…

2Cases cited10 opinions

  1. East Ford, Inc. v. TaylorMississippi Supreme Court · 2002
  2. BC Rogers Poultry, Inc. v. WedgeworthMississippi Supreme Court · 2005
  3. Waste Management, Inc. v. Residuos Industriales Multiquim, S.A. De C.V.Court of Appeals for the Fifth Circuit · 2004
  4. Sawyers v. Herrin-Gear Chevrolet Co., Inc.Mississippi Supreme Court · 2010
  5. Scruggs v. WyattMississippi Supreme Court · 2011

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Citibank, N.A. v. Judy StovallCourt of Appeals of Mississippi · 2016
  2. Catherine Brown and Robert Brown v. Michelle Ann Petro, M.D. and Gastrointestinal Associates, P.A.Court of Appeals of Mississippi · 2025
  3. Citibank, N.A. v. Judy StovallCourt of Appeals of Mississippi · 2016
  4. St. Dominic Ambulatory Surgery Center, LLC v. Cailton Shaffer, II, Individually and on behalf of the Estate of Shelia Shaffer, and Wrongful Death Beneficiaries of Shelia Shaffer v. Lori Marshall, M.D.Court of Appeals of Mississippi · 2021
  5. Taran Jenkins v. Ford Motor Company and Homer Skelton Ford Inc.Court of Appeals of Mississippi · 2025

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