Law360’s recent report “High Court Won't Decide Arbitration Carveout Question,” discusses a significant Supreme Court decision in favor of the firm’s client Archer & White Sales in its long running antitrust dispute against Henry Schein. In its ruling, the high court dismissed a petition filed by Henry Schein asking the justices to decide “whether a carveout in an arbitration agreement negates a provision allowing arbitrators to rule on their own jurisdiction.” The ruling leaves intact a key appellate victory that McKool Smith secured before the Fifth Circuit in August 2019, which blocked arbitration of the dispute.
Archer and White Inc. is represented by McKool Smith principal Lewis T. LeClair and Alexander Dubose & Jefferson LLP’s Daniel L. Geyser.
The case is Henry Schein Inc. v. Archer and White Sales Inc., case number 19-963, in the Supreme Court of the United States.