Weiss
Weiss v. American Academy of Ophthalmology, Inc.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 JEFFREY N WEISS, Case No. 20-cv-08124-CRB
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
AMERICAN ACADEMY OF
OPHTHALMOLOGY, INC.,
12 Defendant. 13 Plaintiff Dr. Jeffrey Weiss, a Florida ophthalmologist, is suing Defendant American Academy of Ophthalmology, Inc. (“AAO”), a Minnesota not-for-profit corporation, of which he was formerly a member. Dr. Weiss alleges that AAO unlawfully investigated his conduct and terminated his membership. The Court granted AAO’s two prior motions to dismiss, holding that Dr. Weiss’s claims were not ripe because AAO’s Board of Trustees had not taken final action as to Dr. Weiss’ membership. Dr. Weiss’s second amended complaint alleges that AAO has now done so, and asserts violations of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) and California Business and Professions Code section 17200, as well as breach of contract and violation of the common-law right of fair…