A Closer Look At High Court Schein Carveout Case Arguments

Law360 (December 11, 2020, 7:18 PM EST) -- On Dec. 8, the U.S. Supreme Court heard argument for the second time in the familiar case of Henry Schein Inc. v. Archer and White Sales Inc.[1] The court perhaps made the case's second visit inevitable by issuing a narrow decision in Schein I.

The issues in both Schein I and Schein II no doubt caught the eagle eyes of the Supreme Court not because they are as rare as unicorns, but because a decision on these issues will change the way we practice law.

Indeed, at large is the question important to almost all real-world, run-of-the-mill arbitration agreements across industries: Where...

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