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

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

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1272	5th Cir.	Oct 29, 2018 Tr.Aud.	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.

Opinion analysis: Kavanaugh’s first opinion rejects vague exception limiting enforcement of arbitration agreements (Ronald Mann)
OT2018 #5: "Arbitration Nation" (First Mondays)
Argument analysis: Justices signal opposition to vague exceptions that would limit enforceability of arbitration agreements (Ronald Mann)
Argument preview: Justices to mull who decides whether to arbitrate – the judge or the arbitrator (Ronald Mann)
Court sends battles over services for same-sex couples, North Carolina gerrymandering back to lower courts (Updated) (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Feb 12 2018	Application (17A859) for a stay, submitted to Justice Alito.
Feb 14 2018	Response to application (17A859) requested by Justice Alito, due Wednesday, February 21, by 3 p.m. ET.
Feb 21 2018	Response to application from respondent Archer and White Sales, Inc. filed.
Feb 22 2018	Reply of applicant Henry Schein, Inc., et al. filed.
Mar 02 2018	Application (17A859) referred to the Court.
Mar 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.
Mar 09 2018	Petition for a writ of certiorari filed. (Response due April 11, 2018)
Mar 23 2018	Motion to extend the time to file a response from April 11, 2018 to May 11, 2018, submitted to The Clerk.
Mar 28 2018	Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2018.
May 11 2018	Brief of respondent Archer and White Sales, Inc. in opposition filed.
May 29 2018	DISTRIBUTED for Conference of 6/14/2018.
May 29 2018	Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed)
Jun 18 2018	DISTRIBUTED for Conference of 6/21/2018.
Jun 25 2018	Petition GRANTED.
Jul 02 2018	Joint motion for an extension of time to file the opening briefs on the merits filed.
Jul 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.
Jul 30 2018	Blanket Consent filed by Petitioners, Henry Schein, Inc., et al..
Aug 03 2018	Blanket Consent filed by Respondent, Archer and White Sales, Inc..
Aug 14 2018	Brief of petitioner Henry Schein, Inc., et al. filed.
Aug 14 2018	Joint appendix filed.
Aug 14 2018	Motion to file Volume II of the joint appendix under seal filed by petitioners Henry Schein, Inc., et al.
Aug 15 2018	Amicus brief of Anthony Michael Sabino not accepted for filing. (August 20, 2018 - to be resubmitted with complete documentation.)
Aug 15 2018	Brief amicus curiae of Anthony Michael Sabino filed.
Aug 20 2018	SET FOR ARGUMENT on Monday, October 29, 2018
Aug 20 2018	Brief amicus curiae of New England Legal Foundation filed.
Aug 21 2018	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Aug 21 2018	Brief amicus curiae of Atlantic Legal Foundation filed.
Aug 22 2018	DISTRIBUTED for Conference of 9/24/2018.
Sep 10 2018	Record requested from the U.S.C.A. 5th Circuit.
Sep 12 2018	CIRCULATED
Sep 18 2018	Brief of respondent Archer and White Sales, Inc. filed. (Distributed)
Sep 25 2018	Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Sep 25 2018	Brief amicus curiae of American Association for Justice filed. (Distributed)
Sep 25 2018	Amicus brief of George A. Bermann not accepted for filing. (Corrected brief submitted - October 03, 2018)
Sep 25 2018	Brief amicus curiae of George A. Bermann filed. (Distributed)
Oct 01 2018	Motion to file Volume II of the joint appendix under seal GRANTED.
Oct 15 2018	Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed)
Oct 29 2018	Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.
Jan 08 2019	Judgment VACATED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court.
Feb 11 2019	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter
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This Week at the Court
On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
The Supreme Court will release opinions in one or more argued cases on Wednesday at 10 a.m.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
- Gamble v. United States
see all this term’s cases »
Recent Decisions
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Kelly v. United States Whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	61
Summary reversals	5
Merits cases granted to date	74

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