SmileDirectClub, Ltd. Liab. Co. v. Tippins, No. 20-55735, 2022 U.S. App. LEXIS 10936 (9th Cir. Apr. 21, 2022)
Plaintiff did not allege an actionable equal protection claim based on a "class of one" discrimination. To state such a claim, the plaintiff must allege facts showing it was treated differently from others who were similarly situated in all material respects. Because they operate a materially different business model, at a significantly different price point, using new and different technology,… Read More