Editor's Note :

Editor's Note :

The Supreme Court will release orders from the May 24 conference on Tuesday at 9:30 a.m. There is a possibility of opinions at 10 a.m. We will live-blog at this link.

Henry Schein Inc. v. Archer and White Sales Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1272 5th Cir. TBD TBD TBD TBD TBD

Issue: Whether the Federal Arbitration Act permits a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is “wholly groundless.”

SCOTUSblog Coverage

DateProceedings and Orders
Feb 12 2018Application (17A859) for a stay, submitted to Justice Alito.
Feb 14 2018Response to application (17A859) requested by Justice Alito, due Wednesday, February 21, by 3 p.m. ET.
Feb 21 2018Response to application from respondent Archer and White Sales, Inc. filed.
Feb 22 2018Reply of applicant Henry Schein, Inc., et al. filed.
Mar 02 2018Application (17A859) referred to the Court.
Mar 02 2018The application (17A859) for stay presented to Justice Alito and by him referred to the Court is granted, and the proceedings in the United States District Court for the Eastern District of Texas, case No. 2:12-cv-572, are stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Mar 09 2018Petition for a writ of certiorari filed. (Response due April 11, 2018)
Mar 23 2018Motion to extend the time to file a response from April 11, 2018 to May 11, 2018, submitted to The Clerk.
Mar 28 2018Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2018.
May 11 2018Brief of respondent Archer and White Sales, Inc. in opposition filed.
 
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