Cases & Deals

American Board of Emergency Medicine wins appeal of antitrust class action challenging the board's eligibility criteria

Clients American Board of Emergency Medicine

In a major victory for Jones Day client the American Board of Emergency Medicine, the United States Court of Appeals for the Second Circuit affirmed the dismissal of antitrust claims brought against the Board that had been pending for over 15 years. More than 150 physicians, on behalf of a putative class of over 14,000, challenged the Board's eligibility criteria for board certification, arguing that the requirement of residency training was part of a conspiracy to limit supply and raise price. Because all of the two dozen specialty boards under the umbrella of the American Board of Medical Specialties have the same requirement, the case was closely watched in the medical profession. The Court of Appeals held that plaintiffs did not have "antitrust standing" and could therefore not pursue their Sherman Act claims.

Daniel v. Am. Bd. of Emergency Med., 428 F.3d 408 (2d Cir. 2005)

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