Dr. Sarah Von Muller is still on the hook to pay $91,114 to the American Board of Internal Medicine after she stole more than 50 questions from its gastroenterology certification exam, a federal judge has ruled. He also ordered her to pay the board’s attorney fees.
U.S. District Judge J. Curtis Joyner of the Eastern District of Pennsylvania denied Von Muller’s motion for judgment as a matter of law as well as her alternative request for a new trial after the jury’s verdict earlier this year. She argued that ABIM offered no evidence of actual damages from her infringement of its copyrighted test questions and that ABIM’s breach of contract claim, based on her agreement to a “pledge of honesty” that she signed before sitting for the exam, should be stricken because it is pre-empted by the copyright infringement claim. Joyner disagreed on both counts and dismissed each of her several claims of error during the trial.
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