Full 11th Circ. Hears Immunity Arguments In SmileDirect Case

Law360 (February 23, 2021, 8:23 PM EST) -- Georgia's solicitor general told the full Eleventh Circuit Tuesday that the governor bears ultimate responsibility for a dental board rule being challenged by SmileDirectClub, immunizing the regulation from the teeth-aligner company's antitrust claims.

Georgia Solicitor General Andrew Alan Pinson argued Tuesday for members of the state dental board who are looking to flip a lower court's ruling that denied them state-action immunity, which shields certain state conduct from federal antitrust law.

Pinson told the court the governor expressly approved the rule being challenged by SmileDirect, which requires dentists to be on site when dental imaging is performed. The state's top elected official...

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