SMILEDIRECTCLUB, LLC v. TIPPINS

No. 20-55735.

31 F.4th 1110 (2022)

SMILEDIRECTCLUB, LLC, a Tennessee limited liability company; Jeffrey Sulitzer, D.M.D., an individual and a California Professional Corporation, Plaintiffs-Appellants, v. Joseph TIPPINS, individually; Karen M. Fischer, M.P.A., individually; Fran Burton, M.S.W., individually; Steven Morrow, DDS, MS individually; Steven Chan, DDS; Yvette Chappell Ingram, M.P.A., individually; Ross Lai, DDS; Abigail Medina, individually, in her official capacity as a Member of the Dental Board of California; Rosalinda Olague, RDA, B.A., individually, and in her official capacity as a Member of the Dental Board of California; Joanne Pacheco, RDH, M.A.O.B., individually and in her official capacity as a Member of the Dental Board of California; Thomas Stewart, DDS, individually and in his official capacity as a Member of the Dental Board of California; Bruce Whitcher, DDS, individually and in his official capacity as a Member of the Dental Board of California; James Yu, DDS, M.S., individually and in his official capacity as a Member of the Dental Board of California; Does, 1-10; Meredith Mckenzie, individually and in her official capacity as a Member of the Dental Board of California; Joseph Tippins, in his official capacity as an Investigator in the Enforcement Unit of the Dental Board of California; Karen M. Fischer, M.P.A., in her official capacity as Executive Director for the Dental Board of California; Fran Burton, M.S.W., in her official capacity as a Member of the Dental Board of California; Steven Morrow, DDS, MS, in their official capacities as Officers and or Members of the Dental Board of California; Steven Chan, DDS, in their official capacities as Officers and/or Members of the Dental Board of California; Yvette Chappell-Ingram, MPA, in their official capacities as Officers and/or Members of the Dental Board of California; Ross Lai; Lilian Larin, DDS, individually and in their official capacities as Officers and/or Members of the Dental Board of California; Huong Le, DDS, M.A, individually and M.A., and in his official capacity as a Member of the Dental Board of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2022.

Amended April 21, 2022.


Attorney(s) appearing for the Case

James D. Dasso (argued), Foley & Lardner LLP, Chicago, Illinois; Byron J. McLain , Foley & Lardner LLP, Los Angeles, California; for Plaintiffs-Appellants.

Sharon L. O'Grady (argued), Deputy Attorney General; Mark R. Beckington , Supervising Deputy Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Rob Bonta , Attorney General of California; Office of the California Attorney General, San Francisco, California; for Defendants-Appellees.

Andrew N. DeLaney (argued), Daniel E. Haar , and Nickolai G. Levin , Attorneys; Makan Delrahim , Assistant Attorney General; Michael F. Murray , Acting Principal Deputy Assistant Attorney General; Daniel S. Guarnera , Counsel to the Assistant Attorney General; United States Department of Justice, Washington, D.C.; for Amicus Curiae United States of America.

Joshua Polk and Anastasia Boden , Pacific Legal Foundation, Sacramento, California, for Amicus Curiae Pacific Legal Foundation.

Order; Opinion by Judge McKeown.


ORDER

The Opinion filed on March 17, 2022, is amended as follows:

On slip opinion page 10, line 15, insert a footnote after <(1943).> stating: <The Board Actors do not appeal—and we do not review—the district court's denial of state-action immunity.>.

No petitions for panel rehearing or rehearing en banc will be entertained.

AMENDED OPINION

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases