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Embryo Facility Owner Wins Arbitration in Tank Failure Case

May 18, 2020, 2:36 PM

Prelude Fertility Inc. and its wholly owned subsidiary, Pacific MSO LLC, can arbitrate class claims over the destruction of eggs and embryos that occurred when a cryopreservation tank failed, the Ninth Circuit said.

Prelude can compel arbitration based on contracts signed by members of the class of egg and embryo owners and its predecessor, Pacific Fertility Center, the U.S. Court of Appeals for the Ninth Circuit said in an unpublished May 15 opinion.

Nonsignatories usually can’t require compliance with arbitration agreements, but the doctrine of equitable estoppel applies when it would be unfair for a person who signed a contract ...

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