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Dialysis Access Center, LLC; Justo Gonzalez-Trapaga v. Rms Lifeline, Inc

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Before Torruella, Leval, *fn1 and Thompson, Circuit Judges.

TORRUELLA, Circuit Judge. In this appeal, appellants-plaintiffs Dialysis Access Center, LLC (“DAC”), Justo Gonzalez-Trapaga (“Gonzalez-Trapaga”) and his wife, Nancy Roig-Flores (“Roig-Flores”) (collectively, “Appellants”) challenge the district court’s judgment dismissing all of their claims against appellee-defendant RMS Lifeline, Inc. (“RMS”) and ordering the parties to arbitrate their claims as per the rules of the American Health Lawyers Association (“AHLA”). Specifically, Appellants aver that the court and not an arbitrator should resolve their dispute with RMS over the validity of a certain management services agreement, which Appellants wish to have declared null because RMS allegedly committed fraud in the formation and performance of the contractual obligations set forth therein.

Appellants challenge both the scope and validity of their arbitration agreement with RMS. After careful consideration, we conclude that Appellants’ claims are encompassed within the parties’ arbitration agreement and that the agreement is valid, pursuant to Section 2 of the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 2. Accordingly, we affirm the district court’s judgment dismissing this case and compelling arbitration.

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