Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:13-cv-01025—Bernard A. Friedman, District Judge.
Argued: December 8, 2021
Decided and Filed: May 4, 2022
Before: COLE, GIBBONS, and LARSEN, Circuit Judges.
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OPINION
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COLE, Circuit Judge. Paul Dorsa filed a retaliation claim under the False Claims Act
against his former employer, Miraca Life Sciences, Inc., in November 2013. Miraca sought to
dismiss this claim because Dorsa had agreed to binding arbitration as part of his employment
agreement with Miraca. The district court denied Miraca’s motion to dismiss, finding that the
arbitration clause did not cover Dorsa’s retaliation claim. Miraca appealed, but this court
dismissed the appeal for lack of jurisdiction. Miraca then filed a petition to stay the action and to
compel arbitration. The district court also denied that petition. On appeal, Miraca contests the
district court’s authority to decide threshold questions of arbitrability and its ruling on the merits.
But Miraca has forfeited and waived the arguments now before us, so we affirm. |