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District court awards attorneys’ fees to ABO

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As a follow-up to the court case between the American Board of Optometry and the American Optometric Society over board certification, the Central District Court of California ruled that the “ABO is entitled to an award of all of its fees,” according to the civil minutes of the case.

In August, the same court ruled that the AOS failed to prove that the ABO’s use of the term “board certification” is false, misleading, confusing or deceptive. The ABO then sought attorneys’ fees of $462,508 from the AOS.

According to the civil minutes, “AOS makes no specific objections to the hours or rates billed by ABO’s counsel or the overall amount requested, other than to assert that the amount is more than AOS’s assets and would result in it filing for bankruptcy. The court finds that the amount is reasonable.”

AOS President Pamela Miller, OD, said in an AOS statement: “The AOS is disappointed with the judge’s decision to award the full request.”

ABO Chairman of the Board Paul C. Ajamian, OD, said in an ABO press release: “The finding again reaffirms that the lawsuit was groundless and unreasonable.”