OPTERNATIVE v. S.C. MED. EXAM'RS

Opinion No. 28106.

437 S.C. 258 (2022)

878 S.E.2d 861

OPTERNATIVE, INC., Respondent, v. SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS and the South Carolina Department of Labor, Licensing & Regulation, Defendants, and South Carolina Optometric Physicians Association, Defendants-Intervenors, of which South Carolina Optometric Physicians Association is the Petitioner.

Supreme Court of South Carolina.

Filed August 24, 2022.


Attorney(s) appearing for the Case

Kirby Darr Shealy, III , and Luke M. Allen , both of Adams and Reese LLP, of Columbia, for Petitioner.

William C. Wood, Jr. , of Columbia, and Miles Edward Coleman , of Greenville, both of Nelson Mullins Riley & Scarborough, LLP; and Robert J. McNamara and Joshua A. Windham , of the Institute for Justice, of Arlington, Virginia, admitted pro hac vice, for Respondent.


Petitioner, the South Carolina Optometric Physicians Association, seeks a writ of certiorari to review the court of appeals opinion in Opternative, Inc. v. S.C. Bd. of Med. Examiners, 433 S.C. 405, 859 S.E.2d 263 (Ct. App. 2021). We grant the petition, dispense with briefing, and affirm, with clarification, the court of appeals' determination...

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