Rick’s Second 2024 Covid Misinformation Litigation Update, and there is plenty to Talk About

Rick’s Second 2024 Covid Misinformation Litigation Update, and there is plenty to Talk About

So here is what’s going on, some good, but some not so good, but even the not so good presents some opportunities.

To recap, on January 2nd, we filed Kory v. Bonta, which takes the battle against the Cali. medical boards to the heartland of their powers, those being the power that no man (or woman) shall challenge, the STANDARD OF CARE. The point of Kory is that there is no more of a legitimate Covid standard of care than there was a real “contemporary scientific consensus” which was the holding of Judge Shubb’s preliminary injunction order against AB 2098 which he issued in January 2023. In short, the boards cannot impose a standard of speech under the guise of a standard of care.

The new news is that we have filed our preliminary injunction motion seeking to stop the boards from sanctioning physicians for providing information and advice contrary to the mainstream Covid narrative, again, but this time under their purported standard of care authority. For legal junkies here are our papers. KoryPIMotion

The stars of the show are the declarations; Sanjay Verma. MD did another stellar job eviserating the public health’s and medical establishment’s response to Covid. He was ably assisted by the declarations of the three Plaintiff docs, the famous/infamous “Lucky” Pierre Kory, MD, Le Trinh Hoang, DO (osteopathic board slayer in Hoang v Bonta) and Brian Tyson, whose clinic has treatment around 20k Covid patients. We also submitted two patient declarations because ultimately, it is all about the patients and their right to receive information even if they Government and the mainstream medical groups do not agree with it.

The hearing will be on April 1st, which is the same say for the hearing on the Cali. government’s motion to dismiss the Hoeg and Hoang cases as moot because AB2098/Section 2270 of the Business & Professions Code was repealed as of January 1st.

So, if you happen to be in the Sacramento area celebrating April fools day, swing by the federal courthouse at 1:30 PM and catch the show. With Judge Shubb as the MC, and me providing some comic relief, it is sure to be entertaining.

Now for the not so good, (but with an opportunity)

In the Eggleston case, the appellate court panel reversed the appellate court commissioner’s decision to allow us to appeal (the superior court’s denial of a preliminary injunction stopping the Washington Medical Commission from prosecuting him for writing articles against the Covid narrative. That means our stay on appeal is or soon will be gone, and theoretically we go back to the superior court for a pending motion to dismiss the case, and the Commission’s hearing will be rescheduled, at least as of right now.

So the upshot is that we put off the medical commission’s hearing for 9 months by obtaining a judicial stay, something that had not been previously accomplished, at least not in this country, but that is over.

In the ensuring time, some interesting things have happened on the administrative state and First Amendment fronts, and as a result, I am working on a new plan. I am thinking big and bold, and beyond just one doc in the southeastern corner of Washington. It’s going to take me a few weeks to make it happen. But let’s just say I will be be playing a long game, swinging for the fences on this one to fit into some of the other things which are happening in the Covid misinformation/censorship judicial world.

So stay tuned because like some of the other things we have pulled off, I think you will like it.

Rick Jaffe, Esq,

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