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Full 11th Circ Rejects Ga Dental Board s Immunity Arguments

ADVERTISEMENT 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.

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