Full 11th Circ. Rejects Ga. Dental Board's Immunity Arguments

Law360 (July 20, 2021, 9:59 PM EDT) -- The full Eleventh Circuit ended a circuit split Tuesday over so-called state action safeguards protecting government agencies from antitrust suits, reversing a 1986 ruling giving agency members who were denied that protection immediate appellate rights, and sending members of Georgia's dental board back to face SmileDirectClub LLC's competition lawsuit.

The Eleventh Circuit had been the only circuit where private parties such as the Georgia Board of Dentistry's members could seek immediate, or interlocutory, appeal of district court rulings refusing to nix a lawsuit under the U.S. Supreme Court's 1943 Parker v. Brown decision recognizing antitrust immunity for state agencies.

But the...

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