“Siva and his attorneys first filed suit against the ABR a year ago in February 2019, seeking class action for their complaint to loop in other affected radiologists. However, an Illinois judge dismissed the claim in November, unconvinced that the group used anti-competitive practices to promote its certification programs. At the time, Judge Jorge Alonso ruled that ABR sells just one product: certification of radiologists.
So, what’s different this time around? Siva and his lawyers are now labeling ABR’s maintenance of certification offering as a continuing medical education-type product. They note that other CME vendors do not sell initial certification. The suit attempts to establish that the first certification and MOC are separate products, and that the American Board of Radiology is violating the law by tying the two together.”