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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
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

DateProceedings and Orders (key to color coding)
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.
May 29 2018DISTRIBUTED for Conference of 6/14/2018.
May 29 2018Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed)
Jun 18 2018DISTRIBUTED for Conference of 6/21/2018.
Jun 25 2018Petition GRANTED.
Jul 02 2018Joint motion for an extension of time to file the opening briefs on the merits filed.
Jul 13 2018Joint 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.
Jul 30 2018Blanket Consent filed by Petitioners, Henry Schein, Inc., et al..
Aug 03 2018Blanket Consent filed by Respondent, Archer and White Sales, Inc..
Aug 14 2018Brief of petitioner Henry Schein, Inc., et al. filed.
Aug 14 2018Joint appendix filed.
Aug 14 2018Motion to file Volume II of the joint appendix under seal filed by petitioners Henry Schein, Inc., et al.
Aug 15 2018Amicus brief of Anthony Michael Sabino not accepted for filing. (August 20, 2018 - to be resubmitted with complete documentation.)
Aug 15 2018Brief amicus curiae of Anthony Michael Sabino filed.
Aug 20 2018SET FOR ARGUMENT on Monday, October 29, 2018
Aug 20 2018Brief amicus curiae of New England Legal Foundation filed.
Aug 21 2018Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Aug 21 2018Brief amicus curiae of Atlantic Legal Foundation filed.
Aug 22 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 10 2018Record requested from the U.S.C.A. 5th Circuit.
Sep 12 2018CIRCULATED
Sep 18 2018Brief of respondent Archer and White Sales, Inc. filed. (Distributed)
Sep 25 2018Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Sep 25 2018Brief amicus curiae of American Association for Justice filed. (Distributed)
Sep 25 2018Amicus brief of George A. Bermann not accepted for filing. (Corrected brief submitted).
Sep 25 2018Brief amicus curiae of George A. Bermann filed. (October 3, 2018). (Distributed)
Oct 01 2018Motion to file Volume II of the joint appendix under seal GRANTED.
Oct 15 2018Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed)
Oct 29 2018Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.
Jan 08 2019Judgment VACATED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court.
Feb 11 2019JUDGMENT ISSUED.