Topic: State action immunity

North Carolina hospital exercises “free rein” without COPA, class action alleges

Mission Health has illegally maintained a monopoly over hospital services in western North Carolina after the state repealed the only layer of competitive oversight, a putative class of patients has alleged.

12 August 2021

Fifth Circuit affirms rejection of Texas water agency’s state-action immunity plea

An appellate court has rejected a Texas water agency’s claims that it was entitled to state-action immunity in a lawsuit accusing the public entity of monopolising the raw water supply in a northern suburb of Houston.

05 August 2021

Eleventh Circuit sides with SmileDirectClub again in Georgia dentistry board dispute

The full US Court of Appeals for the Eleventh Circuit has said it lacks jurisdiction to review a lower court’s ruling that members of the Georgia Board of Dentistry are not entitled to state-action immunity.

21 July 2021

Fourth Circuit affirms dismissal of class action against North Carolina hospital

The US Court of Appeals for the Fourth Circuit has ruled that a North Carolina-based hospital system is immune from antitrust damages because it qualifies as a local government under the Local Government Antitrust Act.

24 March 2021

Chief judge casts doubt over jurisdiction in SmileDirectClub case

The chief judge of the US Court of Appeals for the Eleventh Circuit has expressed doubt that the court can review an appeal by members of the Georgia Board of Dentistry against a decision rejecting their state-action immunity claims.

24 February 2021

DOJ and FTC back SmileDirectClub as Georgia dentistry board challenges ruling

The Department of Justice and Federal Trade Commission have urged the full US Court of Appeals for the Eleventh Circuit to rule that members of the Georgia Board of Dentistry are not entitled to state-action immunity in their defence against SmileDirectClub’s antitrust lawsuit.

26 January 2021

Biden taps judge with notable antitrust experience to lead DOJ

President-elect Joe Biden will nominate Judge Merrick Garland – an experienced antitrust practitioner, scholar and jurist – as the next US Attorney General.

07 January 2021

Louisiana real estate appraisers board will ask Supreme Court to resolve FTC dispute

Louisiana’s state board of real estate appraisers has said it will ask the Supreme Court to review its dispute with the Federal Trade Commission, which has accused the state regulator of restraining price competition for appraisal services.

07 December 2020

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