SCOTUS Dismisses Henry Schein, Denies Certiorari in Another Question of Arbitrability Case
Yesterday, the United States Supreme Court dismissed the latest petition in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963, as improvidently granted. The case was a follow-up to the high court’s unanimous opinion in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 17-1272 (January 8, 2019) regarding whether it is up to a court or an arbitrator to decide questions related to arbitrability.
According to Henry Schein’s petition for certiorari, the question presented in the follow-up petition was:
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.
The most recent Henry Schein case was argued before the high court last month. The Supreme Court did not provide further explanation in its order dismissing the case.