AAMC Responds to Residents' Lawsuit

On May 7, 2002, three former resident physicians filed an antitrust lawsuit against the National Resident Matching Program (NRMP) and its five sponsors, the Accreditation Council for Graduate Medical Education, and 29 hospitals that sponsor residency programs. The suit, Paul Jung, M.D., et al. v. Association of American Medical Colleges, et al., was filed in the U.S. District Court for the District of Columbia.

A second, similar suit was filed in the same court on June 5, 2002 by another former resident physician — Feinleib v. Association of American Medical Colleges et al. Both suits had been consolidated. On November 20, 2002, Dr. Robert Feinleib voluntarily dismissed his claim.

The AAMC believed that these lawsuits were without legal merit and contested them vigorously, as they could have had implications for all of graduate medical education.

Latest News

U.S. Supreme Court Issues Final Denial of Plaintiffs' Appeals
On January 8, 2007, the U.S. Supreme Court denied the plaintiffs' petition to be heard before the Court, thus upholding the ruling issued in July 2006 by the U.S. Court of Appeals for the District of Columbia Circuit. The plaintiffs may not file any further motions in this case. Read the document; see p. 23 (PDF, 31 pages)

Appellate Court Denies Jung Petition to Re-hear Appeal
On July 25, 2006, the United States Court of Appeals for the District of Columbia Circuit denied the plaintiffs' petition to re-hear their appeal. If the plaintiffs wish to petition the U.S. Supreme Court to hear their case, they must file a petition by Sept. 1. Read the opinion (PDF, 2 pages)

Appelate Court Affirms Dismissal
On June 1, 2006, a federal appeals court affirmed a lower court's dismissal of the lawsuit, Paul Jung, M.D., et al. v. Association of American Medical Colleges, et al. A three-judge panel of the U.S. Court of Appeals for the District of Columbia upheld the U.S. District Court's August 2004 ruling dismissing the plaintiffs' complaint. The District Court concluded that the plaintiffs' antitrust claims were barred by the Pension Funding Equity Act of 2004 that exempted the National Residency Matching Program from antitrust laws. Read the opinion (PDF, 4 pages)

Earlier Decisions in the Lawsuit

On January 25, 2005, U.S. District Court Judge Paul Friedman denied a motion by the plaintiffs to alter or amend the Aug. 12, 2004, dismissal of the case in order to allow them to file an amended complaint against the AAMC and several other defendants. Judge Friedman called the plaintiffs' final motion "meritless, both with respect to the conspiracy claim and conspiracy as the basis for personal jurisdiction. Thus, to permit the amendment of the complaint would be a futile action, inasmuch as a renewed motion to dismiss or for judgment on the pleadings would necessarily be granted."

On August 12, 2004, U.S. District Court Judge Paul Friedman granted the AAMC's motion to dismiss the case, due to the passage of legislation which clarifies that the NRMP does not violate antitrust law. As a result of this ruling, the Court denied all of the plaintiffs' motions.

On April 27, the AAMC, the Accreditation Council on Graduate Medical Education, and 27 teaching hospital defendants filed a motion to dismiss the lawsuit. The motion cites the Pension Funding Equity Act of 2004, signed into law by the President, which includes language confirming that an entity's sponsorship or use of the NRMP Match does not violate antitrust laws. A ruling on this motion is expected later this year.

In early April, both houses of Congress passed legislation to clarify that the NRMP does not violate antitrust law. The provision "Confirmation of Antitrust Status of Graduate Medical Education Resident Matching Programs," was included in the Pension Funding Equity Act of 2004. President Bush has signed the bill into law.

Background

May 9, 2002: AAMC Responds to Resident Lawsuit (AAMC Press Release)

August 15, 2002: Memo from President Jordan J. Cohen, M.D. (PDF, 5 pages)

February 12, 2004: AAMC Statement on Ruling in Resident Lawsuit (AAMC Press Release)

February 2004: Match Facts: A Fair System Worth Keeping (PDF, 2 pages) and Match Facts: Consequences of Eliminating the Match (PDF, 2 pages)

February 2004: OSR Letter to Students (PDF, 2 pages) and ORR Letter to Residents (PDF, 2 pages)

April 19, 2004: AAMC Applauds Congress for Approving Match Legislation (AAMC Press Release)

April 23, 2004: Why the Match? (PDF, 5 pages)

August 13, 2004: D.C. District Court Dismisses Jung Lawsuit (AAMC Press Release)

June 5, 2006: Appellate Court Affirms Jung Lawsuit Dismissal (AAMC Press Release)

NRMP Save the Match Web site

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