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Super Breaking News on the UC Flu Mandate: Hearing Continued until November 4th and the UC is barred from taking any action against any employee or student for not getting the shot until the Hearing Date!

Super Breaking News on the UC Flu Mandate: Hearing Continued until November 4th and the UC is barred from taking any action against any employee or student for not getting the shot until the Hearing Date!

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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Next up, Massachusetts

Next up, Massachusetts

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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What Should the UC Community do about the Flu Vaccine Questionnaire?

What Should the UC Community do about the Flu Vaccine Questionnaire?

I have been receiving many emails, messages, and voice messages asking me how to fill out the vaccine questionnaire being emailed to the UC community. As per my practice, rather than answer specific requests, I am going to tell you in this post what I think you should do. It’s not complicated, and it won’t require any immediate action for most of you out there. Here is the first and most important thing you should do now: NOTHING. Do nothing…

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UC Preliminary Injunction Hearing Now Set for October 22 at 1:30 PM

UC Preliminary Injunction Hearing Now Set for October 22 at 1:30 PM

We just received word that our Motion for Preliminary Injunction will be heard by the judge on October 22, 2020, at 1:30 PM. Anyone who wants to watch or listen should be able to by going to the Alameda Country Superior Court Website. I will give further instrucitons closer to the hearing date. You will recall that the case was originally set for October 14th, but after the case was transferred to another judge it was reset to November 12th….

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UC Injunction Lawsuit Critical Update: Chaos and Confusion Continues; The Hearing Date on the Prelim. Injunction now up in the Air, but Thankfully, The UC Grants a Grace Period Until November 12th. Thank you UC!

UC Injunction Lawsuit Critical Update: Chaos and Confusion Continues; The Hearing Date on the Prelim. Injunction now up in the Air, but Thankfully, The UC Grants a Grace Period Until November 12th. Thank you UC!

Folks, there is a lot going on in our injunction lawsuit regarding the UC’s Flu Mandate which was supposed to go into effect on November 1st. However, now apparently the November 1st deadline will not be enforced based on representations made by the UC to the judge hearing the case. It’s complicated, so pay close attention. We filed the permanent injunction action on August 27th. On September 17th we filed a motion for a preliminary injunction. There are three things…

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Way Cool Youtube on the UC Injunction case and the Administration’s Tactical Retreat

Way Cool Youtube on the UC Injunction case and the Administration’s Tactical Retreat

Some talented person has created a  short youtube clip of our UC injunction lawsuit and my recent post announcing that under a recently revised (but still largely unpublished or still secret) Executive Order, UC students will be treated the same as faculty and other employees. That’s good news for the students.  And, although I think it was just a tactical retreat to avoid that crazy part of the executive order to drag down the rest of their defense, good on…

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The High Priests of the Religion of Vaccinology Circle the Wagons around the UC Flu Mandate and Recite their Gospel

The High Priests of the Religion of Vaccinology Circle the Wagons around the UC Flu Mandate and Recite their Gospel

Yesterday, I gave you some good news about the UC’s tactical retreat in our lawsuit seeking to overturn the UC’s flu vaccine mandate.  Here is that post. https://rickjaffeesq.com/2020/10/01/breaking-news-uc-makes-a-tactical-retreat-with-its-new-executive-order-and-its-good-news-for-students-albeit-temporary-and-only-for-some-students/ Basically, the UC decided that treating students differently from faculty staff was an outrageous violation of the students’ equal protection and First Amendment rights as alleged in our Fourth Cause of action.  Rather than face a certain ruling of unconstitutionality from the judge in our preliminary injunction motion, I think the UC…

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BREAKING NEWS! UC MAKES A TACTICAL RETREAT WITH ITS NEW EXECUTIVE ORDER, AND IT’S GOOD NEWS FOR STUDENTS, (albeit temporary and only for some students)

BREAKING NEWS! UC MAKES A TACTICAL RETREAT WITH ITS NEW EXECUTIVE ORDER, AND IT’S GOOD NEWS FOR STUDENTS, (albeit temporary and only for some students)

As you know, Bobby Kennedy and I (with the able assistance of CHD’s chief legal guru Mary Holland, PIC’s human vaccine encyclopedia a/k/a Greg Glaser, and SD ace litigator Ray Flores) filed an injunction lawsuit to stop the UC’s executive order requiring all students, faculty and other employees to get the flu shot by November 1 on pain of not being able to work or register for class. We filed on August 27th, the executive order having been published on…

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Dr. Ken Stoller’s Medical Board hearing is over (almost), so what’s next?

Dr. Ken Stoller’s Medical Board hearing is over (almost), so what’s next?

Ken Stoller’s hearing took place Monday, September 21st until midday Thursday, September 24th. I made an opening on the first day. The Board’s attorney elected not to. The record in the case is still open because, as is not uncommon in these cases, there will be written closing arguments. The board has the burden of proof, so it will file an initial closing statement. I will then do our closing statement in response to the Board’s. The Board gets to…

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Public Hearing Information of Ken Stoller’s Medical Board Hearing Starting Monday September 21st

Public Hearing Information of Ken Stoller’s Medical Board Hearing Starting Monday September 21st

Here is the information from the Office of Administrative Hearings for accessing the audio of the Medical Board hearing against Ken Stoller starting on Monday. “General Jurisdiction Public Hearing Notice Public audio access is available for In re Stoller, OAH No. 2019110039. Published on September 18, 2020   The hearing in the matter of the accusation against Kenneth Paul Stoller, M.D. (MBOC No. 800-2017-034218, OAH No. 2019110039), will begin on September 21, 2020, before Administrative Law Judge Juliet E. Cox….

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