Omnicare, Inc. v. Rxsolutions, Inc.

MEMORANDUM

Omnicare, Inc., appeals the district court’s denial of its motion to vacate a portion of the arbitration award issued during a contract dispute between Omni-care and RxSolutions, Inc. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Omnicare contends that the district court should have vacated the arbitration award under 9 U.S.C. § 10 (a)(4) because the arbitrator exceeded his powers in three ways. We address these in turn.

First, Omnicare argues that the arbitrator exceeded his powers because the form of the award did not comply with the requirements in the arbitration clause of the parties’ contract. The arbitration clause required the arbitrator to “prepare in writing and provide to the Parties an award including factual findings and the legal reasons on which the award is based.” Our review of the award leads us to conclude that its form complied with the terms of parties’ contract. The arbitrator made factual findings and stated the legal reasons—most importantly that RxSolutions did not breach the contract—for declining to award damages to Omnicare on its co-pay claims. Contrary to Omnicare’s argument, nothing in the parties’ contract required…