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Henry Schein, Inc., et al. v. Archer and White Sales, Inc.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-41674 · judgment December 21, 2017

Decided · January 8, 2019
Pre-decision estimate: 36% cert probability (95% interval 27%–46%)

Before the decision, about 8.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Whether the Federal Arbitration Act permits a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is "wholly groundless."

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Lewis T. LeClair
McKool Smith

Case

Conference history
Distributed for 3 conferences

Amicus briefs
7 merits
(4 supporting pet./neither, 3 respondent)

Argument & decision

Argued October 29, 2018 — Kannon K. Shanmugam · Daniel L. Geyser. Audio and transcript

Decided January 8, 2019. Opinion by Kavanaugh.

Proceedings

  1. Feb 11 2019
    JUDGMENT ISSUED.
  2. Jan 08 2019
    Judgment VACATED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court.
  3. Oct 29 2018
    Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.
  4. Oct 15 2018
    Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed)
  5. Oct 01 2018
    Motion to file Volume II of the joint appendix under seal GRANTED.
  6. Sep 25 2018
    Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
  7. Sep 25 2018
    Brief amicus curiae of American Association for Justice filed. (Distributed)
  8. Sep 25 2018
    Amicus brief of George A. Bermann not accepted for filing. (Corrected brief submitted).
  9. Sep 25 2018
    Brief amicus curiae of George A. Bermann filed. (October 3, 2018). (Distributed)
  10. Sep 18 2018
    Brief of respondent Archer and White Sales, Inc. filed. (Distributed)
  11. Sep 12 2018
    CIRCULATED
  12. Sep 10 2018
    Record requested from the U.S.C.A. 5th Circuit.
  13. Aug 22 2018
    DISTRIBUTED for Conference of 9/24/2018.
  14. Aug 21 2018
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  15. Aug 21 2018
    Brief amicus curiae of Atlantic Legal Foundation filed.
  16. Aug 20 2018
    SET FOR ARGUMENT on Monday, October 29, 2018
  17. Aug 20 2018
    Brief amicus curiae of New England Legal Foundation filed.
  18. Aug 15 2018
    Amicus brief of Anthony Michael Sabino not accepted for filing. (August 20, 2018 - to be resubmitted with complete documentation.)
  19. Aug 15 2018
    Brief amicus curiae of Anthony Michael Sabino filed.
  20. Aug 14 2018
    Brief of petitioner Henry Schein, Inc., et al. filed.
  21. Aug 14 2018
    Joint appendix filed.
  22. Aug 14 2018
    Motion to file Volume II of the joint appendix under seal filed by petitioners Henry Schein, Inc., et al.
  23. Aug 03 2018
    Blanket Consent filed by Respondent, Archer and White Sales, Inc..
  24. Jul 30 2018
    Blanket Consent filed by Petitioners, Henry Schein, Inc., et al..
  25. 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.
  26. Jul 02 2018
    Joint motion for an extension of time to file the opening briefs on the merits filed.
  27. Jun 25 2018
    Petition GRANTED.
  28. Jun 18 2018
    DISTRIBUTED for Conference of 6/21/2018.
  29. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  30. May 29 2018
    Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed)
  31. May 11 2018
    Brief of respondent Archer and White Sales, Inc. in opposition filed.
  32. 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.
  33. Mar 23 2018
    Motion to extend the time to file a response from April 11, 2018 to May 11, 2018, submitted to The Clerk.
  34. Mar 09 2018
    Petition for a writ of certiorari filed. (Response due April 11, 2018)
  35. Mar 02 2018
    Application (17A859) referred to the Court.
  36. 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.
  37. Feb 22 2018
    Reply of applicant Henry Schein, Inc., et al. filed.
    ReplyProof of Service
  38. Feb 21 2018
    Response to application from respondent Archer and White Sales, Inc. filed.
    Main DocumentProof of Service
  39. Feb 14 2018
    Response to application (17A859) requested by Justice Alito, due Wednesday, February 21, by 3 p.m. ET.
  40. Feb 12 2018
    Application (17A859) for a stay, submitted to Justice Alito.
    Main DocumentProof of Service