On December 2, 2010 the U.S. Court of Appeals for the Fifth Circuit ruled against the Texas Medical Board, allowing AAPS v. TMB, based on its constitutional violations, to proceed.
The Court restated the claims of “pervasive and continuing violations of … constitutional rights” by the TMB. The Court expressly noted the allegation that “the Board manipulated anonymous complaints” and that “Kalafut targeted physicians using anonymous complaints filed by her husband, and anonymous complaints allegedly were filed by a New York insurance company seeking to avoid paying a physician for claims.” 
The unanimous Court described these and the other allegations in this important case to be “rather dramatic claims,” and sent the case to the federal trial court so that discovery can proceed. The TMB will no longer be able to conceal and withhold its wrongdoing against good physicians!”
Click Here to Read the Entire Decision.
On September 25, 2009, the federal district judge in Austin threw out this lawsuit against the TMB, which was initially filed in December 20, 2007, ruling that the AAPS had no standing to sue on behalf of its members. In its opinion, released today, the 5th Circuit vacated, meaning reversed, that decision and returned it to the federal district court to be heard.
Now we can proceed full speed ahead on the discovery portion of this case in our attempt to prove our claims. This decision, allowing the AAPS lawsuit to proceed, provides tremendous impetus and ammunition in our efforts to revise the Texas Medical Practice Act (TMPA) in the upcoming 2011 Texas Legislature.
For more information about history of TMB lawsuit click here.
