On April 1, oral arguments were presented before Louisiana based Judge Clement and Texas based Judges Elrod & Garwood of the Fifth Circuit Court of Appeals.  An attorney by the name of Clary argued on behalf of OCA. The doctors were represented by Peter Forbes, assisted by two other attorneys.

 

Trying to figure out what a judge is thinking is always something of a guessing game.  But the consensus I've heard seems to be that the honorable justices appear to be comfortable with the idea that the OCA contract is illegal under Texas law.  While this case involves only Texas law, there is a feeling among at least some attorneys for the doctors that the case may have a bearing on cases in other jurisdictions as well. 

 

A big question seems to be whether the contract can be "reformed" so as to be in compliance with Texas law, and thereby still binding on the doctors in some manner. (I'm betting they'll rule against reformation, but that's pure speculation on my part.)  There's also a question as to whether opinions on other aspects of the case will come from the Fifth Circuit, or whether the question of reformation will be referred back to Judge Vance (district court) or Judge Brown (bankrtupcy court) for a final determination, along with possible other related issues, such as "unjust enrichment."

 

I don't pretend to understand all the legal subtleties involved here.  The Fifth Circuit probably won't hand down their ruling for at least a few weeks, or possible months.   However, since OCA noted their victory against Dr. Sexson before Judge Brown on their blog today, but neglected to mention the oral arguments, I'd surmise that they weren't happy with how things went on April Fools day?  Presumably, Dr. Sexson will have the right to appeal?  If Judge Brown insists that Dr. S turn over the physical assets of the practice and therefore compromise his ability to treat patients, some sort of injunction by a higher court wouldn't surprise me.  (For details, go to OCA's blog www.orthodon.com and click the red "look who's blogging" tab.)

 

The forgoing are entirely my own, personal, non-lawyer's opinions.  For legal advice, consult a licensed attorney.