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LEGAL PAD 112 DAYSPA | JUNE 2014 biased agenda. This principle was memorialized in three federal cases and is an exception to the State Action exception. An exception to the exception? Sure. That's why they say lawyers aren't paid to know the law; they're paid to know the exceptions. The three federal cases to which I refer stand for the proposition that if constituent members of a governmental body are persons with economic incentives to restrict trade, they are the natural and proper subjects of supervision under U.S. anti-trust laws. Using these prin- ciples, the FTC concluded that, "with respect to the substantive character- istics that are crucial to the state ac- tion doctrine, [the North Carolina Board of Examiners] is more closely analogous to a typical private trade association than to a municipality or traditional state regulatory agency." SHAPE SHIFTING Wow. The FTC has determined that a lot of so-called state agencies around the country are acting more like private trade associations than state regulatory bodies. Hooray! Someone fi nally had the courage to recognize the obvious. End of story? Not a chance. The North Carolina Board of Dental Ex- aminers fi led a writ of certiorari ask- ing the U.S. Supreme Court to review the Fourth Circuit Court of Appeals decision to uphold the FTC decision. This far-reaching ruling seized the at- tention of the American Dental As- sociation. The ADA considered itself amicus curiae: not a party to a case but one who offers information that bears on the case. They have no right to join the case but may have a big stake in its outcome. The way that amicus curiae partic- ipate in a case is to fi le amicus briefs, which are written submissions to the court. In this instance, the ADA sub- mitted an amicus brief in support of the North Carolina Board's petition for a writ of certiorari. And the ADA wasn't alone. This case has potentially far-reaching ef- fects beyond the dental profession, so there was a whole kennel-ful of professions that felt they had a dog in this fi ght, specifi cally: the American Medical Association, American Osteo- pathic Association, American Veteri- nary Medical Association, American Association of Dental Boards, Federa- tion of State Medical Boards, Ameri- can Academy of Pediatric Dentistry, American Association of Orthodon- tists, American Society of Anesthesi- ologists, The Litigation Center of the American Medical Association and the State Medical Societies, Medical Society of Virginia, North Carolina Medical Society, South Carolina Medi- cal Association, West Virginia State dayspamagazine.com/freeinfo • Use FreeInfo #54 www.apothederm.com Where Science Meets Beauty Patented SmartPeptide technology Clinically proven results Consumer solutions for anti-aging, brightening, blemishes, stretch marks Business builder program TM L e g a l P a d . i n d d 1 1 2 Legal Pad.indd 112 5 / 1 / 1 4 3 : 4 8 P M 5/1/14 3:48 PM