ELLISON v. AMERICAN BD. OF ORTHOPAEDIC SURGERY

No. 20-1776.

11 F.4th 200 (2021)

Bruce E. ELLISON, Appellant v. AMERICAN BOARD OF ORTHOPAEDIC SURGERY.

United States Court of Appeals, Third Circuit.

Filed: August 30, 2021.


Attorney(s) appearing for the Case

Andrew L. Schlafly [ARGUED], 939 Old Chester Road, Far Hills, NJ 07931, Counsel for Appellant.

Lawrence J. Joseph , 1250 Connecticut Avenue, N.W., Suite 700-1A, Washington, DC 20036, Counsel for Amici National Medical Association, Alan D. Ullberg, and American Board of Physician Specialties.

Daniel C. Green [ARGUED], Vedder Price, 1633 Broadway, 47th Floor, New York, NY 10019, Gregory G. Wrobel , Vedder Price, 222 North LaSalle Street, Suite 2600, Chicago, IL 60601, Counsel for Appellee.

Jack R. Bierig , Schiff Hardin, 233 South Wacker Drive, Suite 7100, Chicago, IL 60606, Counsel for Amicus American Board of Medical Specialties.

Jason S. Rathod , Migliaccio & Rathod, 412 H Street, N.E., Suite 302, Washington, DC 20002, Counsel for Amicus Open Markets Institute.

Before: CHAGARES, JORDAN, and SCIRICA, Circuit Judges.


OPINION OF THE COURT

Bruce Ellison appeals an order of the District Court dismissing his second amended complaint against the American Board of Orthopaedic Surgery ("ABOS") with prejudice for failure to state a claim. Ellison alleges that ABOS violated antitrust law by refusing to let him complete its certification...

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