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Pacificare v. Book February 24, 2003 (02-215) return to case listing Case Summary Respondent Physicians filed lawsuits against several HMOs, claiming that they had committed acts of fraud and extortion in violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Respondents had signed arbitration agreements with some of the defendants, which required that all disputes be arbitrated. Respondents sought to avoid arbitration, arguing that the arbitration contracts limited the amount of damages that an arbitrator could award which would preclude the award of treble damages authorized under RICO. The district court ruled that Respondents did not have to arbitrate their claims to the extent that the agreements contained damage limitations precluding the award of punitive or exemplary damages. The Court of Appeals for the Eleventh Circuit affirmed. The opinion of the Eleventh Circuit is found at 285 F.3d 971. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 6-3 to Reverse 9-0 to Reverse 9-0 to Affirm 5-4 to Reverse 8-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Thomas Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist Stevens O'Connor Scalia Kennedy Souter Ginsburg Breyer (Justice Thomas recused himself) VOTING TO AFFIRM Stevens Souter Ginsburg Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Stevens Souter Ginsburg Breyer   return to case listing