Supreme Court Takes Case on State Action Immunity Doctrine

, New York Law Journal


In their Antitrust Trade and Practice column, Skadden, Arps, Slate, Meagher & Flom partners Shepard Goldfein and James A. Keyte write: On March 3, 2014, the Supreme Court granted certiorari in 'North Carolina State Board of Dental Examiners v. FTC,' marking the second time in two years that the Supreme Court has considered the parameters of the state action doctrine, following nearly two decades of silence on the subject.

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Originally appeared in print as Supreme Court Takes Case to Clarify State Action Immunity Doctrine

What's being said

  • If the American Dental Association is so concerned about the safety of non-dentist doing teeth whitening then it would make more sense for ADA to offer online training and education to those who want to offer the service. The American Dental Association wants to stop others from offering services at a more affordable cost. It’s a turf issue. The ADA continues to fight denturists across our Nation to keep us from offering affordable denture care.

    Affordable dental care is becoming further from reality for those who are on moderate, limited, or low incomes. The denturist profession offers an alternative and affordable denture care service that is offered in six U.S. States and across Canada as a safe, alternative denture care delivery system that is constantly being attacked and discredited by the American Dental Association. Denturist across America, are trying to provide affordable denture care service to people who are economically disadvantaged but instead are forced to use resources fighting and defending the profession we’ve been trained and educated in. Here in the U.S. the American Dental Association does everything it can to suppress the denturist profession across the nation, with the ADA‘s monopolistic grip on dentures; leaving the edentulous, denture-less.

    If corporate ADA would quit squeezing out competition it would free up more chairtime for children, restorative, and emergency dental procedures but instead, the American Dental Association lobbies federal and state legislators to disregard legislation that would regulate midlevel oral healthcare providers such as denturists, dental therapists, dental health aide therapists, and independent practices for dental hygienists and more productive public health dental services.

    Corporate ADA’s self-serving political agenda is hurting consumers across our Nation by suppressing qualified competitors which provide oral health care services, especially to those with disparities. The American Dental Association works against its own vision and mission statement by suppressing competition which has been trained and educated in providing oral health care services to those who are unable to pay the high prices charged by dentists, leaving Americans without needed dental and oral healthcare.

    Gary W. Vollan L.D. State Coordinator; Wyoming State Denturist Association.

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