Archer and White Sales, Inc. v. Henry Schein, Inc., No. 16-41674 (5th Cir. 2019)Annotate this Case
On remand from the Supreme Court, the Fifth Circuit held that the district court correctly determined that this case was not subject to the arbitration clause at issue and affirmed the judgment.
The Supreme Court held that the "wholly groundless" exception was inconsistent with the Federal Arbitration Act and declined to opine on whether the contract here in fact delegated the threshold arbitrability question to an arbitrator, remanding for this court to make that determination in the first instance. The court held that the parties have not clearly and unmistakably delegated the question of arbitrability to an arbitrator. Because this action was not subject to mandatory arbitration, the court did not reach Archer's alternative argument that third parties to the arbitration clause cannot enforce such an arbitration clause.
This opinion or order relates to an opinion or order originally issued on December 21, 2017.