Team Health, LLC v. Cotiviti, Inc.

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 11, 2026

The Court of Appeals hereby passes the following order:

A25A2110. TEAM HEALTH, LLC v. COTIVITI, INC.

In an arbitration proceeding, the arbitrator granted Team Health, LLC’s request
for a subpoena directed at nonparty Cotiviti, Inc. Team Health petitioned the superior
court to enforce the subpoena, and Cotiviti filed a motion to quash the subpoena. The
superior court granted the motion to quash, concluding, inter alia, that the Georgia
statute allowing such a subpoena is preempted by the Federal Arbitration Act.
The Supreme Court has determined that at least some preemption cases invoke
its constitutional question jurisdiction, including “where a plaintiff seeks relief based
on an argument that preemption precludes the application of an otherwise valid state
law in a specific category of cases.” Fox v. Norfolk S. Corp., 342 Ga. App. 38, 43 (1)
(802 SE2d 319) (2017) (discussing Babies Right Start, Inc. v. Ga. Dept. of Pub.
Health, 293 Ga. 553, 554 (1) (748 SE2d 404) (2013)). Because the superior court
granted the motion to quash the subpoena at issue, it appears that jurisdiction over
this appeal may lie in the Supreme Court. Further, the Supreme Court has the ultimate
responsibility for determining appellate jurisdiction.
See Saxton v. Coastal Dialysis & Med. Clinic, Inc., 267 Ga. 177, 178 (476
SE2d 587) (1996). Accordingly, this appeal is hereby TRANSFERRED to the
Supreme Court.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/11/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.