An Unusual Arbitration Issue Emerges After Henry Schein
Law360 (September 6, 2019, 4:56 PM EDT) -- Henry Schein Inc. v. Archer and White Sales Inc. is a unanimous and seemingly uncontroversial U.S. Supreme Court decision on arbitration agreements. There, when the plaintiff sought injunctive relief in court, the parties disagreed whether that request could proceed in court when there was an underlying arbitration agreement.
This case raised a threshold arbitrability question; i.e., whether the parties’ arbitration agreement applies to the request for injunctive relief. But, that triggers an a priori issue: Who decides that threshold arbitrability question? The lower courts said that was for the courts, but the Supreme Court disagreed because the arbitration agreement contained a...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!