Originally from Alternatives to the High Cost of Litigation

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This article follows on co-author Philip J. Loree Jr.’s article, “Schein’s Remand Decision Goes Back To the Supreme Court. What’s Next?” 38 Alternatives 54 (April 2020) (available at https://bit.ly/3aYy7Sg) (referred to below as last month’s article), which discussed how Henry Schein Inc., a Melville, N.Y.-based dental equipment distributor— the petitioner—is seeking to arbitrate disputes pursuant to a written agreement.

Schein has for the second time petitioned the U.S. Supreme Court for review. Respondent Archer & White Sales Inc., a Plano, Texas, distributor, seller, and servicer of dental equipment, had filed a conditional cross-petition for certiorari. The Court decided the case originally just last year.

Last month’s article argued that the new Schein petition should be granted, but left “to a future article discussion of whether the conditional cross-petition should also be granted, and if so, to what extent.”