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 18, 2018)
| Date | Proceedings and Orders |
|---|---|
| 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). |
| Sep 25 2018 | Brief amicus curiae of George A. Bermann filed. (October 3, 2018). (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. |
