Archer and White Sales, Inc. v. Henry Schein, Inc., No. 16-41674 (5th Cir. 2017)Annotate this Case
The Fifth Circuit affirmed the district court's decision reversing the magistrate judge's grant of a motion to compel arbitration. In this case, plaintiff alleged violations of the Sherman Antitrust Act, 1 U.S.C. 15, and the Texas Free Enterprise and Antitrust Act. Defendants moved to compel arbitration pursuant to a clause in the parties' contract (the Dealer Agreement). The court held that, regardless of whether an agreement clearly and unmistakably delegates the question of arbitrability, defendants' arguments for arbitrability were wholly groundless. Therefore, this action was not subject to mandatory arbitration. The court need not reach the question of whether the third parties to the arbitration clause could enforce such an arbitration clause.
The court issued a subsequent related opinion or order on August 14, 2019.
- Archer and White Sales, Inc. v. Henry Schein, Inc. et al, No. 2:2012cv00572 (E.D. Tex. Dec. 07, 2016)
- Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (U.S. Jan. 08, 2019)