Supreme Court of the United States · Official docket →

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

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-41674 · judgment August 14, 2019

Decided · January 25, 2021

Pre-decision estimate: 12% cert probability (95% interval 8%–18%)

Before the decision, about 2.9× 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 a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator. DISMISSED AS IMPROVIDENTLY GRANTED.

Counsel of record

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

For respondent
Daniel L. Geyser
Haynes and Boone, LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
9 merits
(3 supporting pet./neither, 6 respondent)

Argument & decision

Argued December 8, 2020 — Kannon K. Shanmugam · Daniel L. Geyser. Audio and transcript

Decided January 25, 2021. Opinion by Per Curiam.

Proceedings

Feb 26 2021
JUDGMENT ISSUED.
Jan 25 2021
Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam.
Dec 08 2020
Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex.
Nov 12 2020
Reply of petitioner Henry Schein, Inc. filed. (Distributed)
Oct 27 2020
CIRCULATED
Oct 20 2020
Brief amici curiae of Professors Daniel D. Barnhizer, et al. filed.
Oct 20 2020
Brief amici curiae of Arbitrators, Arbitration Practitioners, and Arbitration Scholars filed.
Oct 20 2020
Brief amicus curiae of Constitutional Accountability Center filed.
Oct 20 2020
Brief amici curiae of American Association for Justice & Public Justice filed.
Oct 20 2020
Brief amicus curiae of William R. Weinstein filed.
Oct 19 2020
Brief amicus curiae of Professor George A. Bermann filed.
Oct 14 2020
Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 13 2020
Brief of respondent Archer and White Sales, Inc. filed.
Oct 08 2020
Record requested from the U.S.C.A. 5th Circuit.
Oct 05 2020
Motion of petitioner for leave to file the joint appendix under seal with redacted copies for the public record GRANTED.
Sep 16 2020
SET FOR ARGUMENT on Tuesday, December 8, 2020.
Aug 28 2020
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Aug 28 2020
Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Aug 28 2020
Brief amicus curiae of Benco Dental Supply Company filed.
Aug 26 2020
Motion DISTRIBUTED for Conference of 9/29/2020.
Aug 25 2020
Blanket Consent filed by Respondent, Archer and White Sales, Inc.
Aug 21 2020
Motion for leave to file the joint appendix under seal with redacted copies for the public record filed by petitioner Henry Schein, Inc.
Aug 21 2020
Joint appendix (Redacted copies for the Public) filed.
Aug 21 2020
Brief of petitioner Henry Schein, Inc. filed.
Jul 13 2020
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 21, 2020. The time to file respondent's brief on the merits is extended to and including October 13, 2020.
Jul 08 2020
Blanket Consent filed by Petitioner, Henry Schein, Inc.
Jun 25 2020
Motion for an extension of time to file the briefs on the merits filed.
Jun 15 2020
Petition GRANTED.
Jun 08 2020
DISTRIBUTED for Conference of 6/11/2020.
May 21 2020
Reply of petitioner Henry Schein, Inc. filed. (Distributed)
May 19 2020
DISTRIBUTED for Conference of 6/4/2020.
Mar 02 2020
Brief of respondent Archer and White Sales, Inc. in opposition filed.
Jan 31 2020
Petition for a writ of certiorari filed. (Response due March 2, 2020)