SMILEDIRECTCLUB, LLC v. BATTLE

No. 19-12227.

969 F.3d 1134 (2020)

SMILEDIRECTCLUB, LLC, Plaintiff-Appellee, v. Tanja D. BATTLE, in her official capacity as Executive Director of the Georgia Board of Dentistry, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 11, 2020.


Attorney(s) appearing for the Case

Jeffrey S. Cashdan , Stephen B. Devereaux , Madison Kitchens , Adam Reinke , King & Spalding, LLP, Atlanta, GA, for Plaintiff-Appellee.

Andrew Alan Pinson , Christopher Michael Carr , Roger A. Chalmers , Bryan A. Thernes , Drew Waldbeser , Attorney General's Office, Michael A. Caplan , James William Cobb , Caplan Cobb, LLP, Atlanta, GA, for Defendants-Appellants.

Steven Mintz , Robert Nicholson , U.S. Department of Justice, Antitrust Division — Appellate Staff, Washington, DC, for Amicus Curiae United States of America.

Mark S. Hegedus , Federal Trade Commission, Office of the General Counsel, Washington, DC, for Amicus Curiae Federal Trade Commission.

Before JORDAN, TJOFLAT, and ANDERSON, Circuit Judges.


SmileDirectClub, LLC, brought the instant suit against the Georgia Board of Dentistry, including the Board's members in their individual capacities, alleging inter alia, antitrust, Equal Protection, and Due Process violations. Pursuant to Federal Rule of Civil Procedure 12(b)(6), the Board members moved to dismiss...

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