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

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Docket No. Op. Below Argument Opinion Vote Author Term
19-963 5th Cir. Dec 8, 2020 TBD TBD TBD OT 2020

Issue: Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 31 2020Petition for a writ of certiorari filed. (Response due March 2, 2020)
Mar 02 2020Brief of respondent Archer and White Sales, Inc. in opposition filed.
May 19 2020DISTRIBUTED for Conference of 6/4/2020.
May 21 2020Reply of petitioner Henry Schein, Inc. filed. (Distributed)
Jun 08 2020DISTRIBUTED for Conference of 6/11/2020.
Jun 15 2020Petition GRANTED.
Jun 25 2020Motion for an extension of time to file the briefs on the merits filed.
Jul 08 2020Blanket Consent filed by Petitioner, Henry Schein, Inc.
Jul 13 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 21, 2020. The time to file respondent's brief on the merits is extended to and including October 13, 2020.
Aug 21 2020Motion for leave to file the joint appendix under seal with redacted copies for the public record filed by petitioner Henry Schein, Inc.
Aug 21 2020Joint appendix (Redacted copies for the Public) filed.
Aug 21 2020Brief of petitioner Henry Schein, Inc. filed.
Aug 25 2020Blanket Consent filed by Respondent, Archer and White Sales, Inc.
Aug 26 2020Motion DISTRIBUTED for Conference of 9/29/2020.
Aug 28 2020Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Aug 28 2020Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Aug 28 2020Brief amicus curiae of Benco Dental Supply Company filed.
Sep 16 2020SET FOR ARGUMENT on Tuesday, December 8, 2020.
Oct 05 2020Motion of petitioner for leave to file the joint appendix under seal with redacted copies for the public record GRANTED.
Oct 08 2020Record requested from the U.S.C.A. 5th Circuit.
Oct 13 2020Brief of respondent Archer and White Sales, Inc. filed.
Oct 14 2020Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 19 2020Brief amicus curiae of Professor George A. Bermann filed.
Oct 20 2020Brief amici curiae of Professors Daniel D. Barnhizer, et al. filed.
Oct 20 2020Brief amici curiae of Arbitrators, Arbitration Practitioners, and Arbitration Scholars filed.
Oct 20 2020Brief amicus curiae of Constitutional Accountability Center filed.
Oct 20 2020Brief amici curiae of American Association for Justice & Public Justice filed.
Oct 20 2020Brief amicus curiae of William R. Weinstein filed.
Oct 27 2020CIRCULATED
Nov 12 2020Reply of petitioner Henry Schein, Inc. filed. (Distributed)
Dec 08 2020Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex.