Still No Arbitration in Dental Supply Case, Despite SCOTUS Trip

Henry Schein Inc. lost its bid to keep a dental supply antitrust suit against it out of court as the Fifth Circuit again affirmed denial of its motion to compel arbitration Aug. 14.

The company took the case to the U.S. Supreme Court, which in January agreed with it that the appeals court improperly applied a non-existent “wholly groundless” exception to the Federal Arbitration Act.

But that win didn’t help Henry Schein once the case was back at the U.S. Court of Appeals for the Fifth Circuit.

Even without the exception, the district court was right that the case isn’t ...