couldn’t have said it better! https://www.linkedin.com/posts/ray-l-flores-ii-8b302b15_chd-files-motion-to-prevent-california-from-activity-7006860507873755136-ZepV?utm_source=share&utm_medium=member_desktop Rick Jaffe, Esq.
So, here is the latest news. The hearing in our AB 2098 challenge Hoang v. Bonta, AND the hearing on the prior-filed case, Hoeg v. Lawson have both been set for January 23rd at 1:30 PM before Judge William B. Shubb. So far, the judge is holding live hearings, with online zoom viewing for the public, but the live part could change depending on what happens with the trifecta of viruses and hospitalizations. The judge may issue an order from…
Yesterday afternoon, we filed the initial papers for a preliminary injunction in our lawsuit challenging Cali. AB 2098, the misinformed Covid misinformation bill which is set to take effect on January 1st. The hearing is set for January 17th before District Judge Dale A. Drozd, who currently doing law and motion hearings (like out motion) by Zoom. But the date and judge are a bit up in the air because our case is “related” to the Hoeg v. Newsom case…
Thursday afternoon, December 1st, we filed a lawsuit challenging California AB 2098 on behalf of a California osteopathic physician, LeTrinh Hoang, Physicians for Informed Consent, and Children’s Health Defense (California chapter). Here is the complaint: complaint Bobby K. and Mary Holland are working on the case with me (and my usual compatriots). Mary is working on the preliminary injunction motion as I write this. We expect to be before a federal judge in mid-January. Our case is somewhat different from…
Federal District Judge Slaughter denied the Plaintiffs’ Motion for a Preliminary Injunction stopping AB 2098 from going into effect and dismissed the complaint on standing grounds. However, he did give the Plaintiffs leave to refile to correct the standing defect. Here is the decision. Slaughter’d This was not a close case, and it’s not about the system being against people with a particular belief. The Plaintiffs did not adequately plead that they had the right to challenge the law. I…
Yesterday was the hearing/oral argument in the first challenge to Cali AB2098, the Covid misinformation bill. The case is McDonald v Lawson which is in Federal Court in the Central Disrict of California (Los Angeles). For such a big case, I thought the hearing was not very long and more tellingly, it focused on one issue only, standing, which is the suitability of the plaintiffs to bring the lawsuit. And frankly, I think that says it all. If the judge…
As you all know, on September 30th, Governor Newsom signed AB 2098, which created a sort of “new” Covid misinformation/disinformation law. I put “new” in quotes because the Medical Board took the position during the legislative process as well as in response to the first lawsuit challenging the law, that it already had the power to sanction physicians for spreading Covid misinformation to patients under its general powers. I personally think that’s a dubious proposition, but I suppose it does…
Yesterday, October 27th, the Feds filed a notice of appeal of Judge Jesus Bernal’s decision awarding Cell Surgical Network and their founders, the late Mark Berman and Eliot Lander, judgment in the FDA’s attempt to shut them down for their SVF (stromal vascular fraction) stem cell treatment. Of course, the feds were going to appeal. Contrary to the Florida district court and the Eleventh Circuit in the US Stem Cell case, Judge Bernal found that SVF was not more than…
As I’ve stated in many of my AB 2098 posts, there will be several lawsuits challenging AB 2098. The first one was filed a couple of days ago. The plaintiffs are a psychiatrist who is already under investigation for public Covid misinformation to the public. The other plaintiff is a well-known physician activist who has a concierge practice in Orange country. I’ve seen the complaint, but I don’t think the preliminary injunction papers have been filed yet. I have been…
As feared but expected, Governor Newsom signed into law AB 2098. New laws go into effect January 1st of the following year, so unless I am missing something, or unless enjoined by a court, starting 1/1/2023 the California Business and Profession Code will have a new provision, Section 2270 which provides as follows: 2270. (a) It shall constitute unprofessional conduct for a physician and surgeon to disseminate misinformation or disinformation related to COVID-19, including false or misleading information regarding the…