SMILEDIRECTCLUB, LLC v. BATTLE

No. 19-12227.

4 F.4th 1274 (2021)

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.

July 20, 2021.


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. Themes , Drew Waldbeser , Attorney General's Office, Atlanta, GA, 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.

Sarah Keeton Campbell , Office of Attorney General, Nashville, TN, for Amici Curiae State of Tennessee, State of Alaska, State of Connecticut, State of Florida, State of Idaho, State of Kansas, State of Kentucky, State of Louisiana, State of Maine, State of Minnesota, State of Nebraska, State of New Jersey, State of Ohio, State of South Carolina, State of Texas, State of Utah, State of Wisconsin.

Jodi Avila , Baker McKenzie, LLP, Miami, FL, for Amicus Curiae Jessica Julien.

Before WILLIAM PRYOR, Chief Judge, and WILSON, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, LUCK, LAGOA, BRASHER, and TJOFLAT, Circuit Judges.


Sitting as a full court, we hold that interlocutory appeals may not be taken under the collateral order doctrine from the denials of so-called "state-action immunity" under Parker v. Brown, 317 U.S. 341, 350-52, 63 S.Ct. 307, 87 L.Ed. 315 (1943), and its progeny. We therefore dismiss...

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