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Author: Richard Jaffe

No Decision yet on the McDonald AB 2098 case, but methinks the writing is on the wall

No Decision yet on the McDonald AB 2098 case, but methinks the writing is on the wall

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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…

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The Cali AB 2098 Lawsuits So Far

The Cali AB 2098 Lawsuits So Far

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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…

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No Surprise: The FDA appeals Federal Judge Bernal in the Cell Surgical Network Case

No Surprise: The FDA appeals Federal Judge Bernal in the Cell Surgical Network Case

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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…

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Round Two coming up in the AB 2098 Cali. Covid “Misinformation” Wars

Round Two coming up in the AB 2098 Cali. Covid “Misinformation” Wars

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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…

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Getting to Love AB 2098 (not)

Getting to Love AB 2098 (not)

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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…

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The Mackenzie Covid Misinformation Lawsuit is Dismissed

The Mackenzie Covid Misinformation Lawsuit is Dismissed

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Yesterday afternoon, I appeared in Sacramento federal court for a hearing (i.e., listening to the judge’s decision and getting a limited opportunity to respond) on our motion for a preliminary injunction and the Board’s motion to dismiss the case. Per the title: the Board 1, Mackenzie/Jaffe 0. I thought I was right on the law and I thought I had the facts on our side, especially since 1. there has never been a court in the U.S. jurisprudence that has…

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AB 2098, some final thoughts before the Governor does what he’s going to do

AB 2098, some final thoughts before the Governor does what he’s going to do

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I’ve read that Governor Newsom has over 500 bill sitting on his desk waiting for his signature. One of them is AB 2098, which would make it a disciplinable offense for a physician to provide a patient with advice or treatment recommendations not consistent with the mainstream ever-changing and often backtracking Covid narrative. I and many others have written much about the bill and why it’s a bad idea. And of course, I have sued the Medical Board for its…

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My Thoughts on Judge Bernal’s Decision in the Cell Surgical Network Case

My Thoughts on Judge Bernal’s Decision in the Cell Surgical Network Case

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As anyone following the private stem cell clinic saga knows, on August 30, 2022, California District Court Judge Jesus Bernal issued his decision and final judgment on the FDA attempt to enjoin Drs. Mark Berman and Eliot Lander from continuing to use their adipose stem cell treatments on patients. Their affiliate based company Cell Surgical Network (“CSN”) had many physicians throughout the country who were operating with their protocol and reporting data, which data was collected and collated by a…

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Paperwork on the Mackenzie Preliminary Injunction Motion Done, and more surprising stuff comes out

Paperwork on the Mackenzie Preliminary Injunction Motion Done, and more surprising stuff comes out

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As you all know, back in early July, I filed a lawsuit against the Cali. Medical Board for starting an unconstitutional investigation against a Cali physician based on a complaint about his public comments during a school board Zoom meeting. You’ll recall that the Federation of State Medical Board back in July, 2021 called for its member boards to pursue its licensees for speaking out against the mainstream Covid narrative. Back in February 2022, Board President Kristina Lawson, JD announced…

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Breaking News! You’re not Going to Believe what the Cali. Medical Board is NOT Doing!

Breaking News! You’re not Going to Believe what the Cali. Medical Board is NOT Doing!

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As many of you know, I have been hard at work on a big First Amendment case to stop the Cali. Medical Board (and maybe soon other medical boards soon) from investigating physicians for their public criticism of the mainstream Covid narrative. I happen to think that a physician has an unfettered right to express her opinion about matters of public health without the threat of professional discipline. While medical boards might have jurisdiction to oversee the standard of care…

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