Penn. Court Decision in ABIM Cases

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A judge in the Eastern District of Pennsylvania ruled on January 31, 2011 that ABIM cannot sue a physician in Pennsylvania related to the Arora Board Review matter when that physician was in Michigan at the time of the exam.  Although the decision was addressing only jurisdiction, the judge’s conclusion was also interesting as to the facts:  “Inasmuch as there is nothing on this record which demonstrates that Dr. Todor knew or solicited examination materials from Dr. Weber or that evinces that at the time Dr. Todor registered for and took the August 27, 2008 examination, ABIM provided any warnings or notices that its exam materials were copyrighted or would be used in subsequent examinations, we cannot find that ABIM has made the prima facie showing necessary to warrant a grant of jurisdictional discovery.

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