United States First Circuit
Next Step Med. Co., Inc. v. Johnson & Johnson Int'l, 09-2077
In a medical device supplier's suit against defendant, an unincorporated division of Johnson & Johnson International, for terminating plaintiff's right to serve as defendant's exclusive distributor in Puerto Rico, a denial of plaintiff's motion to reconsider its order dismissing all of plaintiff's claims with prejudice, citing a magistrate judge's order compelling arbitration, is affirmed where: 1) district court's likely belief that the magistrate judge's subsequent order - that the entire case be arbitrated - effectively superseded the recommended denial of injunctive relief, was correct; and 2) the district court was correct to dismiss plaintiff's president's tort claim with prejudice, as the claim has not been extinguished but merely left to the arbitrator.
Appellate Information
- Decided 08/30/2010
- Published 08/30/2010
Judges
Court
- United States First Circuit
Counsel
- For Appellant:
- Benjamín Morales-del Valle, Raúl M. Arias-Marxuach