SMILEDIRECTCLUB LLC v. TIPPINS DDS MS DDS DDS RDA RDH DDS DDS DDS 10 DDS MS DDS MPA DDS DDS (2022)

United States Court of Appeals, Ninth Circuit.

SMILEDIRECTCLUB, LLC, a Tennessee limited liability company; Jeffrey Sulitzer, D.M.D., an individual and a California Professional Corporation, Plaintiffs-Appellants, v. Joseph TIPPINS, individually; Karen M. Fischer, M.P.A., individually; Fran Burton, M.S.W., individually; Steven Morrow, DDS, MS individually; Steven Chan, DDS; Yvette Chappell Ingram, M.P.A., individually; Ross Lai, DDS; Abigail Medina, individually, in her official capacity as a Member of the Dental Board of California; Rosalinda Olague, RDA, B.A., individually, and in her official capacity as a Member of the Dental Board of California; Joanne Pacheco, RDH, M.A.O.B., individually and in her official capacity as a Member of the Dental Board of California; Thomas Stewart, DDS, individually and in his official capacity as a Member of the Dental Board of California; Bruce Whitcher, DDS, individually and in his official capacity as a Member of the Dental Board of California; James Yu, DDS, M.S., individually and in his official capacity as a Member of the Dental Board of California; Does, 1–10; Meredith McKenzie, individually and in her official capacity as a Member of the Dental Board of California; Joseph Tippins, in his official capacity as an Investigator in the Enforcement Unit of the Dental Board of California; Karen M. Fischer, M.P.A., in her official capacity as Executive Director for the Dental Board of California; Fran Burton, M.S.W., in her official capacity as a Member of the Dental Board of California; Steven Morrow, DDS, MS, in their official capacities as Officers and or Members of the Dental Board of California; Steven Chan, DDS, in their official capacities as Officers and/or Members of the Dental Board of California; Yvette Chappell-Ingram, MPA, in their official capacities as Officers and/or Members of the Dental Board of California; Ross Lai; Lilian Larin, DDS, individually and in their official capacities as Officers and/or Members of the Dental Board of California; Huong Le, DDS, M.A, individually and M.A., and in his official capacity as a Member of the Dental Board of California, Defendants-Appellees.

No. 20-55735

Decided: March 17, 2022