Antitrust: Emergency Medicine Physicians Lack Standing to Bring Antitrust Action Against Physician-Certification Organization-Daniel v. American Board of Emergency Medicine1

Antitrust: Emergency Medicine Physicians Lack Standing to Bring Antitrust Action Against Physician-Certification Organization-Daniel v. American Board of Emergency Medicine, 2005 WL 24705430 (2d Cir. Oct. 7, 2005).

Expert Testimony: Expert Witnesses Must be Prepared to Produce Positive Evidence to Establish General Causation in Drug Products Liability Actions-Ruggiero v. Warner-Lambert Co., 424 F.3d 249 (2d Cir. 2005).

Antitrust: Emergency Medicine Physicians Lack Standing to Bring Antitrust Action Against Physician-Certification Organization-Daniel v. American Board of Emergency Medicine1-Emergency medicine doctors brought suit against a medical specialty certification board for emergency medicine and hospitals operating residency programs in emergency medicine, alleging that the defendants conspired to unreasonably restrict competition in the market for emergency medicine physicians.2 After establishing that the Clayton Act's3 worldwide service of process provision only applies for cases that satisfy the venue provision, which was not satisfied here, the U.S. Court of Appeals for the Second Circuit held that the plaintiffs did not have antitrust standing.4 In so ruling, the Court of Appeals affirmed the District Court's decision to dismiss the plaintiffs' claims.5