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NABP Granted Judgment on Exam Score Invalidation Claim
The National Association of Boards of Pharmacy® (NABP®) motion for summary judgment was granted by the United States District Court for the Eastern District of Michigan on April 13, 2011, dismissing all claims that were filed against the Association and its Executive Director, Carmen Catizone, by an individual who sat for the North American Pharmacist Licensure Examination® (NAPLEX®) in Michigan.
In its opinion, the court stated that under Michigan law, NABP and Catizone enjoy immunity from civil suit for the licensure examination activities performed in good faith on behalf of the Michigan Board of Pharmacy. On the immunity basis alone, the court entered summary judgment in favor of NABP and Catizone. The court further stated that there was no evidence that NABP or Catizone engaged in conduct that was outrageous or extreme, so the plaintiff’s claim of intentional infliction of emotional distress could not be sustained. In addition, the court stated that the NAPLEX contract between NABP and the Michigan Board of Pharmacy was primarily for the benefit of the two parties, and the plaintiff could not show that he was a party to, nor a third party beneficiary of, the contract. Finally, the court declared that NABP and Catizone were entitled to summary judgment on the plaintiff’s defamation claim because the statements of the Association and Catizone concerning the invalidation of the plaintiff’s NAPLEX score were not false when they were made, they were privileged, and the plaintiff could not show that the statements were made with actual malice.
The plaintiff has 30 days to file a notice of appeal with the US Court of Appeals for the Sixth Circuit.
The case background is as follows: In March 2009, a NAPLEX candidate filed a lawsuit against NABP and Catizone alleging that the Association and Catizone engaged in defamation, breach of contract, negligence, and intentional infliction of emotional distress when they invalidated the plaintiff’s June 2007 NAPLEX score and then reported that invalidation to NABP member boards. Following completion of discovery, NABP and Catizone filed a motion for summary judgment in October 2010 requesting that the court enter judgment for the Association and Catizone.
