Originally from Alternatives to the High Cost of Litigation

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In a surprise ending for the parties and the arbitration/ ADR professional community, the U.S. Supreme Court concluded the latest round of litigation in a long-running dispute between Plano, Texas, medical device supplier Archer and White Sales Inc., and Melville, N.Y., manufacturer Henry Schein Inc., by dismissing the case—a no-decision.

The Court in its nine-word decision in Henry Schein Inc. v. Archer and White Sales Inc., No. 19-963, chose one of its tersest dismissal tools. The entirety of the per curiam decision says, “The writ of certiorari is dismissed as improvidently granted.”

The result is that the case was banished on Jan. 25 without a decision on the merits, a month after the Court devoted more than an hour on the Web hearing arguments.