ICOI Litigation Update

Dear Colleagues,

As some of you are aware, the USBOI (United States Board of Oral Implantology) and its parent organization, the ICOI, have been involved in litigation with the ABOI, AAID, ABDS (American Board of Dental Specialties) together with various officers, directors and agents of these organizations.

A copy of the civil complaint filed in the United States District Court for the Northern District of Illinois is available for your reference by clicking on the link below.

The complaint fairly and adequately summarizes the position of the USBOI and ICOI concerning what they perceive to have been improper actions taken with regard to the USBOI’s application for recognition by the ABDS.

In response to the civil complaint the various defendants filed what is called a “Motion to Dismiss”.  Such a response is not uncommon in complex litigation such as this.  A motion to dismiss asks the Court to determine,  as a matter of law,  that complaint (the pleading) is insufficient to state a claim against the party defendants. The judicial determination is based upon the allegations and claims asserted in the pleading. The court does not entertain the merits of the claims, merely whether the allegations are legally sufficient to proceed.

The Court recently entered an order on the Defendant’s Motion to Dismiss, granting the motion. A copy of the Order is available for your review by the link below.

Contrary to rumor and innuendo, the court did not determine a “winner and loser” in this action. Rather the court ruled that the pleadings were insufficient. The Court in fact gave the Plaintiff’s the ability, should they so desire, the right to amend the complaint to comply with the Court’s order.

At present the USBOI and the ICOI are weighing all options available to them, keeping in mind the best interests of their members and the profession as a whole.


Dr. Frank DeLuca

President, USBOI