Las I heard, oral arguments before the Fifth Circuit Court of Appeals are scheduled for Monday, March 31.  There are several cases OCA has appealed, but this is the first one to actually be heard on appeal. OCA has always let people know when they've won a case on contract legality.  (They won one in Indiana several years ago, and a more recent case against Dr. Bush in Georgia.)  I believe they've had 3 consecutive losses in Texas where courts have ruled that the OCA/OrthAlliance contract is illegal under Texas law.  They've also lost in in Washington State, Colorado, and Illinois. 

 

If I were guessing, I'd think that the Fifth Circuit would not be likely to go against three Texas courts.  Now that oral arguments are set, the three judge panel will be asking questions, which may give the attorneys some inkling of what they're thinking?  I'd guess a decision would be likely in a matter of weeks now. And even though this is only one case, I wouldn't be surprised if the upcoming rulling would make the other Texas appeals moot?

 

I also wonder about the 12 currently affiliated offices in Texas.  If the OCA/OrthAlliance contract is ruled illegal, does that mean that all the Texas OCA affiliates would have to severe their relationship with OrthoSynetics or risk losing their license to practice?

 

Entirely my own personal opinion.