Legal Opinion

DDS v. Bd. of Dental Examiners of Ala.

District Court, N.D. Alabama

Decided April 2, 2019No. Case No.: 2:18-cv-01679-RDPPublishedCited by 1 opinion

1Opinion of the Court

R. DAVID PROCTOR, UNITED STATES DISTRICT JUDGE

In September 2018, the Board of Dental Examiners of Alabama ("Board" or "Dental Board") sent a cease-and-desist letter to SmileDirectClub, LLC ("SmileDirect"). The letter and subsequent communications from the Board informed SmileDirect that certain services it performs for customers at its Alabama shop can only be performed at facilities where a licensed dentist is physically present. Because SmileDirect does not have a licensed dentist physically present at its facility, the Board considers SmileDirect's nondentist personnel to be engaged in the…

2Cases cited32 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  4. Ex Parte YoungSupreme Court of the United States · 1908
  5. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984

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3Cited by1 opinion

  1. SmileDirectClub, LLC v. BattleDistrict Court, N.D. Georgia · 2023

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