Richard Jaffe, Esq.

We just finished a two-hour oral argument. At the beginning, the judge said his tentative decision was to deny the motion. Basically, between the CDC’s recommendation that everyone should get the flu shot and all the infectious disease experts the UC had, he was convinced that the UC could constitutionally require the UC community to get the shot. He had obviously thought about this a great deal, but in cases like this, once a judge makes up his mind, there…

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Finally, the day of our hearing has arrived. It’s at 2:30 PM Pacific time, today November 5, 2020. Here is the link to watch or listen to. Most likely, the judge will not announce his decision today, but will take it under advisement, but you never know, he could say something about how he is going to rule, so literally stay tuned. http://www.alameda.courts.ca.gov/Pages.aspx/Live-Stream-521 good thoughts, well-wishes and prayers grratefully accepted. Rick Jaffe, Esq.

Normal practice in most cases is that a tentative decision is issued the day before the “hearing” date, which normally is just an opportunity for the losing party to tell the judge why she is wrong. In big cases, like the State case against Uber and Lyft, the judge heard the argument, reserved decision, and three days later issued a ruling. That’s what is going to happen in our case. The judge has postponed the hearing until Thursday at 2:30…

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I would like to be able to tell you all precisely what the status is on the UC Flu mandate issue, but I can’t. Here is what I know and can say for sure. Under the two executive orders, compliance with the mandate was required by November 1st, which is tomorrow The judge in the injunction action in putting the hearing off from October 22nd to November 4th told the UC not to take any action against any UC member…

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Per my past few posts, on Monday morning,  we filed an application to file a motion for contempt and/or for alternative relief for a TRO mandating that the UC tell the UC community that the November 1st deadline had been abated until the judge hears our Preliminary Injunction motion on November 4th. I pointed out in our papers that the UC Regents website was still showing the November 1st deadline.  The UC Regents has officially announced that the denial of…

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  It’s Thursday morning. Under the executive orders, the UC’s Flu vaccine mandate requires compliance by Saturday, November 1st. However as previously reported, the judge in our injunction case has ordered the UC not to take any action against any member of the UC community until the hearing on our Motion for Preliminary Injunction. Per my prior post, on Monday, October 27th we filed a request to file a motion for contempt and/or for a TRO because the UC was…

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I have been getting many emails from nurses in the UC system who are being told that their flu mandate paperwork is overdue and unless they get the shot by November 1st they won’t be put on the work schedule. My reading of the Judge’s order in the case is that he has ordered the UC system not to take any action against any member of the UC community until he issued his decision on November 4th. Therefore it would…

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When last we left off, the judge put off our preliminary injunction hearing until November 4th. Recognizing that the new hearing date was beyond the November 1st deadline, he instructed the UC to take no action against any UC community member who did not comply with the mandate, until he issued his ruling. I had my doubts about whether the UC would stop insisting that the community still comply with the November 1 deadline, and I didn’t think they would…

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Because of all the paperwork flying back and forth, the Hayward Superior Court judge has rescheduled the hearing to November 4, 2020, at 1:30 PM You might recall from a previous post that the case was previously set for November 12th. We filed a so-called “ex parte application” to move the hearing back to October (it had originally been set to be heard on October 14th by another judge). The UC attorneys objected to the reset request in large part…

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As some of you know, Massachusetts is the only state (so far) that has the statewide flu mandated for all students up to and including university students up to a certain age. Here is the mandate. https://www.mass.gov/news/flu-vaccine-now-required-for-all-massachusetts-school-students-enrolled-in-child-care-pre It seems like a bad idea, just as bad as the UC flu vaccine mandate. Win or lose in the UC case, Bobby Kennedy and CHD want the Mass. mandate to be the next challenge. Experts are ready. and more will be added….

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