Update on AOS v. ABO Case

During a conference held by the Court on October 17, the Judge noted that he has disposed of nearly all of the claims asserted by the American Optometric Society (AOS) and all that remains is a narrow claim that was asserted in a recently amended Complaint. A few days earlier, the Court ruled that this narrow claim is not of a nature that can be disposed of at this initial stage of the litigation, given the way the AOS drafted this narrow claim.

However, the Court also recognized in that preliminary ruling that the AOS cannot prevail in this case solely on the basis of unsubstantiated allegations and must come forward with actual evidence to support its remaining claim. The ABO remains confident that the AOS will not be able to produce any such evidence.

The ABO further reiterates that the narrow claim that remains in the case does not challenge any substantive elements of the ABO’s program. The work of the ABO will continue unaffected, regardless of whether the AOS continues to pursue this pointless litigation.