Tuesday, October 13, 2015

The U.S. Supreme Court ruling in North Carolina Board of Dental Examiners v FTC in February of 2015 revived a Sherman Act lawsuit of disbarred Washington attorney John Scannell

I wrote on this blog that the State of Washington targeted a civil rights attorney John Scannell, disbarred him for protecting his clients, and that after disbarment, obtained a dismissal of John Scannell's civil rights lawsuit that challenged many of the issues later raised in the lawsuit Neroni v Zayas in NDNY and in the Final Report of the NYS Statewide Commission for attorney discipline.

Provided below are portions from the order of dismissal pertaining specifically to the Sherman Act (antitrust) claims of John Scannell:



The court dismissed John Scannell's Sherman Act claims on July 1, 2013 under the "state immunity doctrine".

That doctrine was invalidated in application to occupational regulation by market players on February 25, 2015 in North Carolina Board of Dental Examiners v Federal Trade Commission,  thus reviving (in my legal opinion) the Sherman Act portion of John Scannell's claim, and especially because John Scannell's appeal of that decision is still pending, making North Carolina Board of Dental Examiners applicable to the appeal, as well as on a Rule 60 motion to vacate.

Whether John Scannell will use the opportunity to reopen his case is another story.

I will follow up on this case and report any developments to my readers. 

Stay tuned.

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