Dental Co. Wins Arbitration Row After Loss At Supreme Court

Law360 (August 15, 2019, 5:33 PM EDT) -- After a setback at the U.S. Supreme Court, dental equipment distributor Archer and White Sales Inc. has won a Fifth Circuit ruling blocking arbitration of its multimillion-dollar antitrust suit against a competitor.

The Fifth Circuit said Wednesday that it was not clear that Archer and competing distributor Henry Schein Inc. had agreed to let an arbitrator decide a gateway question of arbitrability of their contract dispute. The appeals court, therefore, resolved the arbitrability question on its own in Archer’s favor, finding that the dispute falls outside the scope of the arbitration agreement, keeping Archer’s lawsuit in federal court.

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