Rodriguez-Rivera v. Allscripts Healthcare, LLC — 1st Cir. (Nov 5, 2026)
The First Circuit hears a dispute that began with a doctor's lost patient records. Dr. Rodriguez-Rivera used Allscripts' MyWay software in his Puerto Rico practice. He says the destruction of his patients' electronic records caused losses for which Allscripts should pay. But this argument concerns a threshold question: did he agree to have that dispute decided in private arbitration rather than court? The particular signed license agreement said to bind him has not been produced. After an earlier appeal, the district court held a trial, found an agreement to arbitrate, and sent the case to arbitration. Rodriguez-Rivera will challenge both the strength of that proof and the use of a reseller's deposition testimony. A deposition is sworn testimony taken before trial; here, the dispute is whether enough was shown to justify using it without the witness appearing in person. Allscripts will defend the trial judge's assessment and argue that the software terms and the doctor's use of the product support arbitration. Listen for two separate questions: which evidence may be considered, and what that evidence proves about consent. You'll hear the lawyers call the software contract a EULA, short for end-user license agreement.
Rodriguez-Rivera v. Allscripts Healthcare, LLC (No. 25-1463) — U.S. Court of Appeals for the First Circuit, argued November 5, 2026.
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