Court Can Decide Dental Suit Arbitration Bid, Justices Told

By Caroline Simson (October 2, 2018, 7:19 PM EDT) -- The U.S. Supreme Court should affirm that a court has the authority to determine whether an antitrust suit involving two dental equipment companies must be arbitrated or litigated, even if the underlying contract incorporated rules delegating such questions to an arbitrator, a Columbia law school professor has argued in an amicus brief.

Dental equipment distributor Archer and White Sales Inc., which is seeking tens of millions of dollars in damages in the litigation, has accused competing distributor Henry Schein Inc. of conspiring to limit its sales territories under distribution agreements. Henry Schein sought to have the dispute kicked into arbitration under...

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