Another Seventh Circuit Win

Last week, I successfully defended an appeal of a district court dismissal. Along with my two co-counsel, we represented the American Board of Psychiatry and Neurology (“ABPN”), in a Seventh Circuit appeal. The ABPN certifies psychiatrists and neurologists nationwide, and requires those certified after 1994 to maintain that status by completing its maintenance of certification. A group of plaintiffs alleged this amounted to an antitrust violation. The district court disagreed and dismissed the action with prejudice. The plaintiff appealed, and in a 2-1 decision, the Seventh Circuit affirmed. The appeals court agreed with our position that there was no monopoly because there is no viable competing product.

About the Author

Christopher Keleher clerked for the Hon. William J. Bauer of the U.S. Court of Appeals for the Seventh Circuit. This unique opportunity provided Mr. Keleher with an invaluable understanding of the inner workings of an appellate court. He saw what persuades judges and what does not, and utilizes this knowledge every time he writes an appellate brief. The Keleher Appellate Law Group handles all phases of appellate litigation in federal and state courts across the country. Read more here.