Well, Hallelujah. A suit which had the potential to completely unravel the Board Certification process was dismissed:
What is the status of the lawsuit?
The Second Circuit Court of Appeals on October 7, 2005, upheld the previous judgment of the Western District Court of New York and dismissed all claims against ABEM and other defendants in the Daniel v. ABEM case. The Court ruled further that the case may not be transferred to any other court in as much as the plaintiffs lack standing to bring antitrust claims against ABEM and other defendants, as previously ruled by the District Court, effectively ending this 15-year suit against ABEM.
This is good news for ABEM, but also for all the other Board Certifying Organizations. If you’re interested in the case, follow the above link to the ABEM page, with the facts of the case, a timeline, etc.
This has been going on for 15 years. Good riddance.