Henry Schein Inc. v. Archer and White Sales Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1272 | 5th Cir. | Oct 29, 2018 | Jan 8, 2019 | 9-0 | Kavanaugh | OT 2018 |
Holding: The "wholly groundless" exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kavanaugh on January 8, 2019.
SCOTUSblog Coverage
- Opinion analysis: Kavanaugh's first opinion rejects vague exception limiting enforcement of arbitration agreements (Ronald Mann, January 9, 2019)
- OT2018 #5: "Arbitration Nation" (First Mondays, October 31, 2018)
- Argument analysis: Justices signal opposition to vague exceptions that would limit enforceability of arbitration agreements (Ronald Mann, October 30, 2018)
- Argument preview: Justices to mull who decides whether to arbitrate – the judge or the arbitrator (Ronald Mann, October 22, 2018)
- Court sends battles over services for same-sex couples, North Carolina gerrymandering back to lower courts (Updated) (Amy Howe, June 25, 2018)
- Petition of the day (Aurora Barnes, April 19, 2018)
| Date | Proceedings and Orders |
|---|---|
| 02/12/2018 | Application (17A859) for a stay, submitted to Justice Alito. |
| 02/14/2018 | Response to application (17A859) requested by Justice Alito, due Wednesday, February 21, by 3 p.m. ET. |
| 02/21/2018 | Response to application from respondent Archer and White Sales, Inc. filed. |
| 02/22/2018 | Reply of applicant Henry Schein, Inc., et al. filed. |
| 03/02/2018 | Application (17A859) referred to the Court. |
| 03/02/2018 | The 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. |
| 03/09/2018 | Petition for a writ of certiorari filed. (Response due April 11, 2018) |
| 03/23/2018 | Motion to extend the time to file a response from April 11, 2018 to May 11, 2018, submitted to The Clerk. |
| 03/28/2018 | Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2018. |
| 05/11/2018 | Brief of respondent Archer and White Sales, Inc. in opposition filed. |
| 05/29/2018 | DISTRIBUTED for Conference of 6/14/2018. |
| 05/29/2018 | Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed) |
| 06/18/2018 | DISTRIBUTED for Conference of 6/21/2018. |
| 06/25/2018 | Petition GRANTED. |
| 07/02/2018 | Joint motion for an extension of time to file the opening briefs on the merits filed. |
| 07/13/2018 | Joint motion to extend the time to file opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2018. The time to file respondent's brief on the merits is extended to and including September 18, 2018. |
| 07/30/2018 | Blanket Consent filed by Petitioners, Henry Schein, Inc., et al.. |
| 08/03/2018 | Blanket Consent filed by Respondent, Archer and White Sales, Inc.. |
| 08/14/2018 | Brief of petitioner Henry Schein, Inc., et al. filed. |
| 08/14/2018 | Joint appendix filed. |
| 08/14/2018 | Motion to file Volume II of the joint appendix under seal filed by petitioners Henry Schein, Inc., et al. |
| 08/15/2018 | Amicus brief of Anthony Michael Sabino not accepted for filing. (August 20, 2018 - to be resubmitted with complete documentation.) |
| 08/15/2018 | Brief amicus curiae of Anthony Michael Sabino filed. |
| 08/20/2018 | SET FOR ARGUMENT on Monday, October 29, 2018 |
| 08/20/2018 | Brief amicus curiae of New England Legal Foundation filed. |
| 08/21/2018 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| 08/21/2018 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| 08/22/2018 | DISTRIBUTED for Conference of 9/24/2018. |
| 09/10/2018 | Record requested from the U.S.C.A. 5th Circuit. |
| 09/12/2018 | CIRCULATED |
| 09/18/2018 | Brief of respondent Archer and White Sales, Inc. filed. (Distributed) |
| 09/25/2018 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| 09/25/2018 | Brief amicus curiae of American Association for Justice filed. (Distributed) |
| 09/25/2018 | Amicus brief of George A. Bermann not accepted for filing. (Corrected brief submitted). |
| 09/25/2018 | Brief amicus curiae of George A. Bermann filed. (October 3, 2018). (Distributed) |
| 10/01/2018 | Motion to file Volume II of the joint appendix under seal GRANTED. |
| 10/15/2018 | Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed) |
| 10/29/2018 | Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex. |
| 01/08/2019 | Judgment VACATED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. |
| 02/11/2019 | JUDGMENT ISSUED. |