Supply Chain Council of European Union | Scceu.org
Distribution

Henry Schein Case Paused for Possible Second Trip to High Court

Henry Schein Inc. convinced the U.S. Supreme Court Friday to pause a price-fixing lawsuit that has already gone to the high court once so the dental supplies wholesaler can again ask the justices to consider its bid for arbitration.

A unanimous Supreme Court ruled for Henry Schein last January, overturning a decision by the U.S. Court of Appeals for the Fifth Circuit. The appeals court had based its ruling on a judge-made exception to the Federal Arbitration Act covering cases in which an arbitration bid is “wholly groundless.”

That exception doesn’t come from the text of FAA, “and we are…

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